When a person becomes incapable of managing their own financial affairs or personal healthcare needs, a trusted friend or relative can assist with these matters. However, if appropriate planning has not taken place prior to incapacity, then a family member or friend must proceed through a court procedure to establish a guardianship and conservatorship for the incapacitated person.
Appointing a Guardian or Conservator
Kansas law provides for a court proceeding to ensure that the incapacitated person is protected. When an individual is declared incompetent and incapable of managing their individual needs, the court may appoint a guardian and/or conservator to care for the needs of the individual. The law office of Adrian & Pankratz, P.A. offers support and guidance to assist families through this process, minimizing stress, worry, and expense.
- Guardianship: A guardianship allows an appointed individual (the guardian) to take charge of the incapacitated person and manage all decisions regarding his or her physical needs, ranging from managing medical treatment and daily care to appropriate housing and other personal needs.
- Conservatorship: A conservatorship allows an appointed individual (the conservator) to manage all financial-related decisions for the incapacitated person, ranging from collecting income or public benefits and paying bills to general asset management.
Who Needs a Guardianship or Conservatorship?
At Adrian & Pankratz, P.A., we help families with unique circumstances who require the appointment of a guardian and/or conservator. Here are some of the circumstances you may be facing:
- An elderly individual who is incapacitated due to age
- An individual who is incapacitated due to a sudden accident or health event
- Persons with a terminal illness
- Loved one who is mentally disabled
- Adult children with special needs
- Minor children whose parents have suddenly died
Advance planning, using estate planning tools such as powers of attorney or another planning instrument, is often the preferred method for individuals to appoint loved ones to manage future decisions. However, when powers of attorney are not in place, then the court will appoint a guardian and conservator, where appropriate, and supervise the administration of care for the incapacitated individual.
Adrian & Pankratz, P.A. offers compassionate guidance through the guardianship and conservatorship appointment process.