Knowing a family member or loved one that is in need of care as an adult is not an uncommon occurrence in Kansas, or in any other state. We seldom anticipate the medical, mental or emotional issues that may occur as years go by and are rarely prepared for them when they do. Guardianship was established to help adults who suffer from developmental or physical incapacities by providing the care, protection and assistance they deserve. Depending on the circumstances and the need of the person, who will later be called a ward, a conservatorship or a guardianship may be appropriate. An experienced attorney in Kansas can help your family decide which is most applicable to your loved one’s needs. A conservatorship tailors its services to managing the finances and monetary stability of a ward while guardianship cares for the person himself or herself.

If your family decides they wish to pursue the path of guardianship they should consider all pros and cons prior to filing a petition to determine incapacity. On one hand, guardianship can provide the comfort and stability a person may need while they are experiencing various incapacities. Families are calmed when they know their loved ones are being cared for by a trusted guardian and also monitored by the court for compliance. A guardian must make decisions within its boundary of autonomy and is sworn to uphold the best interest of the ward they are caring for.

On the other hand, appointing a guardian creates the risk that an excessive amount of autonomy may be taken from the ward unnecessarily. An attorney can help you and your family to determine whether a guardianship is appropriate or whether a less invasive legal route is more applicable. Establishing a guardianship can also take time and possibly require hearing attendance or testimony on behalf of certain family members. An attorney can also help ensure that much of this is taken care of for you and you do not have to be worried about filing deadlines, appearances, scheduling medical or psychological evaluations and providing notice to requisite family members. Guardianship can also be emotionally taxing on a family who does not have the support necessary to take on this process and make difficult decisions. Deciding to file for guardianship is not always easy, but it is more feasible with the help of legal assistance you can trust.

Kansas Guardianship Attorney Tom McDowell Can Answer Your Questions Today

Knowing the level of care and the available options for a loved one in need can be confusing and challenging. Kansas Guardianship Attorney Tom McDowell has successfully helped families and loved ones find the appropriate legal care for their adult relatives for over 40 years, and he looks forward to helping your family as well. He understands the questions and concerns you may have and looks forward to helping you establish the guardianship your family deserves. Call McDowell Chartered Legal Services today at (316) 633-4322 to see how we can help you successfully appoint a guardian.

Most people are not familiar with the guardianship process or have a need to become familiar until it is necessary to appoint one on behalf of a child or loved one. When a family member reaches an age or incapacity that renders them no longer able to appropriately care for themselves, guardianship may be necessary and beneficial. The decision of whether to appoint a guardian, establish a power of attorney, or develop an applicable trust is a complex one that most people decide with the help of experienced legal representation.

One way to educate yourself on the process in order to decide whether the path of guardianship is a proper fit is to familiarize yourself with applicable guardianship terms. One common term role and that is curious to most people is the guardian ad litem. Understanding their specific role, rights and responsibly can help you better understand the goal of the legal system and help you facilitate the needs of the child or loved one in need of guardianship.

A guardian ad litem, or GAL, is appointed by the court to ensure the best interest of the proposed ward or child is properly served. They often act as a liaison between the child or ward, other parties and the judge to reach an ideal outcome. A GAL is usually recommended by the court for cases where allegations have been made of one party’s lack of fitness to care for a child. This usually occurs in dependency or neglect cases involving children. A GAL would typically not be recommended in cases where the parents have uniformly come to an agreement regarding custody, parenting plan or visitation issues.

If a guardian ad litem has been appointed in your case or matter you can expect he or she to act in an investigatory manner. Their sole purpose is to secure the most healthy and stable permanency plan for the child and they need to gather information to make their assessments and evaluations. They often request to schedule home visits, interviews, time with the child at school or home, meetings with the child’s daycare provider or teacher and other relevant family members. The GAL is afforded a broad range of legal capabilities including obtaining various types of records and speaking to a variety of applicable individuals. It is recommended to cooperate with the GAL as much as possible and afford them the time and patience their process requires.

Contact an Experienced Kansas Attorney Today to Answer Your Guardianship Questions

If you are engaged in the guardianship process and have questions, our legal team is here to support you and provide clarity. Attorney Tom McDowell has over 40 years of experience helping ensure that families are protected, and so are the best interests of their children and loved ones. Contact the Kansas Guardianship Attorney at McDowell Chartered Legal Services today at (316) 633-4322 to see how we can help you and your family’s guardianship needs in Kansas.

Because the process of establishing guardianship can be involved and lengthy, it is helpful to educate yourself on what is involved as much as possible prior to filing a petition. One facet of guardianship that prospective guardians should address sooner rather than later is the associated costs of guardianship. Many guardians misunderstand their economic role and obligation as guardian and are wrongly discouraged by taking on the appointment. Once a person (or ward) is determined incapacitated the judge will decide he or she requires a guardian and one is appointed. Prior to and after the established guardianship there are required costs, however, many are covered through the ward’s estate and are not the obligation of the guardian.

Required Costs Before Guardianship is Established

To initiate the guardianship process a petition must be filed with the District Court in the county where the person in need resides. There are costs associated with submitting a petition to determine incapacity, which the court calls a filing fee and each county sets the amount it requires. There are also costs associated with hiring requisite nurses or healthcare providers to submit their reports and recommendations regarding the evaluations they perform. The person needing care will also be afforded an attorney by the court to ensure their best interests are being cared for, which cost a fee. A personal service officer or representative may also need to be hired to properly serve required family members with a copy of the petition notifying them of the upcoming guardianship hearing. Depending on the state law, some courts allow family members to be served by certified mail instead, which can save service of process costs.

Required Costs After Guardianship is Established

One of the responsibilities of an appointed guardian is to ensure all costs and fees are properly paid on behalf of the ward. Some courts require that the guardian must seek court approval prior to making any influential decisions on behalf of the ward. This may require attorney’s fees for drafting and handling specific petitions and other accounting or inventory documents. The court closely monitors the actions and behavior of the guardian and therefore may require certain annual ledgers of any decisions made or costs incurred on the ward’s behalf. The comforting news for most guardians is that they are not obligated to incur costs on behalf of the ward, the primary source of financial responsibility can be achieved through their estate and the personal funds.

An Experienced Kansas Guardianship Attorney Today Can Answer Your Questions Today

Kansas Guardianship Attorney Tom McDowell has decades of experience helping families find the care and assistance their loved ones deserve through guardianship. He and his legal team understand the intricacies the guardianship process can bring and look forward to helping your family navigate the legal process through to success. Call Kansas Guardianship Lawyer Tom McDowell, at McDowell Chartered Legal Services today (316) 633-4322 to see how he can help you determine if guardianship is the right fit for you or a loved one and what associated costs you can expect.

If you have a young child in your life that is in need of care you probably have questions regarding which type of care is appropriate and best suits his or her needs. Unless you are a legal professional, deciding between the two care options can be unclear. Children may require care for a broad spectrum of reasons ranging from both short-term to permanent or for specific, limited periods of times or incidents.

A parent who needs to place another adult in charge of their children and afford them rights similar to their own can be a difficult place for any mother or father. There are different forms of care arrangements available that can provide parents with legal comfort and children with protection. Two of which are guardianship and custody and each have distinct variations from the other.

Applicable Differences in Kansas

The laws that govern guardianship and child custody matters differ from state to state and Kansas has a unique set of applicable laws. Regardless of which type of care you choose for the child, it is important to become aware of critical nuances so you can move through either process seamlessly and without stress. Specifically pertaining to custody, only natural or adopted parents have a legal right to custody of their child. Any other adult who wishes to obtain custody must have it afforded to them through a petition and judgment process with the court system. In addition, guardians are also appointed by the court through the judge’s discretion based on the needs and best interest of the child.

The key difference between the two is the range of ability and rights. Guardianship provides a more limited means of rights in terms of the capacity to make decisions on behalf of the child. In addition, both parents and the court may decide to appoint a guardian, whereas only the court has the power to establish legal custody of a child. Guardianship is available in a variety of forms, including limited, temporary, successor, standby, conservatorship and others. In comparison, custody is only applicable to physical or legal custody. Physical custody pertains to the ability to spend time with the child and legal custody relates to the power to make binding decisions on their behalf. In both custody and guardianship matters, the court will evaluate a variety of factors that ultimately will lead them to make a decision based on the best interest of the child.

Kansas Guardianship Attorney Tom McDowell Can Answer Your Questions Today

Knowing the level of care and the available options for a child in need can be unclear and time-consuming. Kansas Guardianship Attorney Tom McDowell has successfully helped families and loved ones find the appropriate legal care for children over 40 years, and he looks forward to helping your family as well. He understands the questions and concerns you may have and looks forward to helping you establish the guardianship you and your loved one deserves. Call McDowell Chartered Legal Services today at (316) 633-4322 to see how we can help you successfully appoint a guardian.

The purpose of setting up a guardianship is to afford protection and care for those in need. Although protection is the goal the legal system in Kansas strives for when they appoint a person to act as guardian, it may not be the outcome if other options are not first considered prior to beginning the process. It is imperative that those seeking to petition for guardianship discuss the circumstances of their loved one in need and the various facets that are involved with guardianship prior to filing a petition.

Because guardianship affords another person the ability to make legal decisions on behalf of the person in need, guardianship is not something that should be taken lightly. Weigh all applicable factors and outcomes and any alternative options prior to petitioning for guardianship to ensure the best interest of your loved one is cared for.

Positives of Establishing Guardianship

A properly executed and maintained guardianship can be hugely beneficial to a person in need, called a ward, and their loved ones. A guardian can make decisions on behalf of the ward to see that their wishes are carried out according to their previously determined values and desires. This level of care can give family members and loved ones peace of mind that their relative is provided the care he or she deserves. Before anything should happen to you, or you and your spouse, it is recommended that you establish the necessary assurances to secure the care you deserve. Guardianship is not intended to last indefinitely and can be created to limit the amount of time it exists or for a particular reason. It can be terminated upon petition and the rights of the ward can be regained once their capacity is restored.

Things to Consider

When a ward, or person in need of assistance, is appointed a guardian, they essentially forfeit their autonomy. A guardian is afforded a vast amount of discretion is able to make important legal decisions on behalf of the ward pertaining to their health, well-being and living environment. Because of this vulnerability, the person who may be placed in the position of guardian should be carefully vetted and considered. Oftentimes a loved one will file the petition to be appointed as guardian, which can increase the level of trust and loyalty toward the ward’s best interest. An appointed guardian is also required to submit accounting and other paperwork to the court on a regular basis so their activity can be monitored

An Experienced Kansas Guardianship Attorney Today Can Answer Your Questions Today

Kansas Guardianship Attorney Tom McDowell has decades of experience helping families find the care and assistance their loved ones deserve. He and his legal team understand the intricacies the guardianship process can bring and look forward to helping your family navigate the legal process to success. Call Kansas Guardianship Lawyer Tom McDowell, at McDowell Chartered Legal Services today (316) 633-4322 to see how he can help you determine if guardianship is the right fit for you or a loved one.

You may have a loved one who is in need of care or assistance and as a result you are contemplating establishing guardianship. This need may have arisen due to a special mental or physical need based on challenges or limitations, an inability to care for themselves due to age, or a child whose parents are no longer fit or willing to adequately care for their child. Regardless of the need, guardianship may be a viable option to ensure that ward (person in need) is taken care of the way they deserve. Oftentimes, however, a permanent guardianship is not necessary and a ward may only need care on a temporary basis or for a limited duration. Also, if there is an emergency situation where a child in need may be facing harm or abuse, emergency temporary guardianship can quickly be established in order to remove that child from the situation and find immediate care for him or her.

Guardianship, in contrast with adoption, is a temporary care solution whereas adoption is permanent. An adoption terminates the rights of the child’s biological parents, and the adoptive parents assume the legal role and rights as the child’s parent. Guardianship may be terminated prior to or automatically when the child turns eighteen. A guardianship may extend beyond the age of eighteen if the adult has special needs and requires continued care. Guardianship provides a beneficial solution of care for the child if all parties are in agreement. In order for guardianship to be achieved, the court also requires the consent of the child’s parents.

Once a petition is filed to establish guardianship the court will schedule a hearing so the judge can assess the needs of the child or adult and make a discretionary decision whether or not to appoint a guardian. The level of need and the duration of appointment will also be analyzed. The court will also appoint a GAL (guardian ad litem) to oversee the child’s best interest and ensure their needs and wishes are spoken for. The GAL will gather information through conversations with various people including teachers, physician’s, relatives, caregivers, the adult or child depending on age and the prospective guardian. After gathering information and making an evaluation the GAL will create and submit a report based on their findings and make a recommendation. All of the aforementioned will be used in assisting the judge to make a decision whether or not to establish guardianship and appoint a guardian.

How a Kansas Guardianship Attorney Can Help You With Your Guardianship Matter

If you have a loved one or know of a child in need of guardianship, our law firm can help. Attorney Tom McDowell has over 40 years of experience as a trusted Kansas Guardianship Attorney who can help you with your family’s guardianship needs and reach an ideal outcome. Call McDowell Chartered Legal Services today at (316) 633-4322 to see how we can help answer your guardianship questions.