There are sad situations where children have no one to care for them, or where adults have lost the capacity to take care of themselves. The legal system has a remedy and it is called guardianship. This is where another party can gain the authority to make needed decisions on behalf of a minor or an incapacitated adult. The guardianship lawyers in our Manhattan office have over 15 years of experience helping people throughout Riley, Clay, Saline, Shawnee, and Wabaunsee counties work through these difficult situations and get legal resolution.
Call Addair Law at (785) 645-2732 or contact us online today to schedule a consultation.
Types of Guardianship
These are some of the guardianships that exist under Kansas law, along with the rights and responsibilities that come with them:
Guardianship of a Minor
This form of guardianship is for children under 18 when their parents are unable to provide appropriate care. Common scenarios include when parents pass away, are unavailable, or are otherwise unfit to make decisions for their child’s welfare.
A guardian for a minor is tasked with making decisions related to the child’s education, healthcare, and overall well-being. This includes enrolling them in school, approving medical treatments, and helping them grow up in a safe, nurturing environment. This role exists to protect the child’s interests and provide stability until guardianship is no longer necessary.
Guardianship of an Incapacitated Adult
When an individual over the age of 18 suffers from mental or physical impairments that hinder their ability to handle essential aspects of daily life, guardianship might be appropriate. Guardians assist in making decisions about housing, medical care, and other critical aspects of their ward's life.
For incapacitated adults, guardians play an important role in maintaining an individual’s quality of life and seeing to it that all decisions are made in their best interest. This type of guardianship typically requires a court’s involvement to demonstrate the extent of the adult’s limitations and to establish the need for a guardian.
Temporary Guardianship
Some situations demand immediate intervention, such as a medical emergency or urgent care needs. An example might be parents who are disabled after being in a serious car accident and need someone to care for their children while they recover.
Temporary guardianships grant short-term authority until a permanent arrangement can be established. While brief, this form of guardianship often addresses pressing needs effectively and provides interim security for the person in question.
Standby Guardianship
A standby guardian is appointed to take over if the current guardian becomes unable to fulfill their responsibilities due to illness, death, or other unavoidable circumstances. This arrangement allows care to continue without interruption.
Co-Guardianship
Two individuals may be appointed as co-guardians, working collectively. This approach is particularly helpful when the responsibilities of guardianship would benefit from shared accountability and teamwork.
The issues we have discussed have not dealt with money or property. While guardianship grants broad decision-making authority, it does not include the right to spend money, sell or buy assets, or pay debts. Those financial powers must be obtained through the distinct legal process of conservatorship.
Guardianship and conservatorship often overlap. While a guardian may have the right to make healthcare or education decisions, that authority can be empty if the conservator does not agree to release the funds to implement those decisions. It’s important that the people chosen for these roles be able to collaborate effectively—or that the same person occupies both roles.
Everyone’s situation is different, and there is no one-size-fits-all answer. The advantage of working with our attorneys is that our extensive experience gives us good insights into the potential problems and possibilities that lie with any guardianship arrangement. We would love to sit down and talk with you more about your specific needs.
Dependable Guidance for Your Guardianship Needs
Guardianship decisions are an important part of estate planning, and Addair Law has lawyers who focus exclusively on this area of law. When you work with the team in our Manhattan office, you’re getting an attorney and staff who are uniquely familiar with all the issues related to guardianship, the process for getting it approved by the court, and any potential pitfalls to be alert to. We’re here to give you strong legal guidance so you can make sure the people you love are taken care of.
Call (785) 645-2732 today. We work with both English and Spanish-speaking clients, and we can meet with you either in person or virtually.
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