Temporary Guardianship Law in Kansas

By Heather Frances J.D.

A Kansas court may grant temporary guardianship of a person whose well-being is deemed to be in imminent danger. Kansas law regarding temporary guardianship is covered in Article 30 of the Kansas Probate Code, which is Chapter 59 of the Kansas Statutes. Since these laws are detailed, you may wish to obtain professional legal advice for your specific situation.

Guardianship vs. Conservatorship

Many people confuse guardianship with conservatorship and both may be relevant to your situation. A guardian is a person designated to make personal and medical decisions for a ward. Guardians may be granted either limited or full authority to make these decisions. A conservator is only able to manage the conservatee’s estate for that person’s benefit and does not have power to make non-financial decisions. Both guardians and conservators must file annual reports with the court.

Granting Temporary Guardianship

In Kansas, only a court can grant powers of guardianship. The process for receiving long-term guardianship involves filing a petition with the court, after which the court will hold a hearing on the petition. However, the court can grant temporary guardianship at any time between the date a petition is filed and the date the hearing for long-term guardianship takes place. Temporary guardianship will only be granted if the court determines there may be an imminent danger to the proposed ward’s physical health or safety.

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Evidence Required

For a Kansas court to consider your request for temporary guardianship, you must file a petition. One of the items your petition must include is a statement outlining the factual basis for your claim that the ward’s physical health or safety is in imminent danger, along with names and addresses of witnesses who can support your petition. The court will use this information to determine whether to grant temporary guardianship.

Nature of Temporary Guardianship

Because temporary guardianship in Kansas is granted without a hearing, the order is considered an emergency appointment. Thus, your authority as temporary guardian may not be as extensive as a long-term guardian. Your authority should be specified in the temporary guardianship order and will likely include the ability to make arrangements for the ward’s care and to protect his comfort and safety. Temporary guardianship authority cannot be granted for longer than 30 days at a time but can be periodically extended by the court. It will automatically terminate when the hearing on long-term guardianship is concluded.

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What Are the Responsibilities of a Temporary Guardian?

References

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Dissolving Legal Guardianship in Kansas

A Kansas court may appoint a guardian to care for an impaired adult or child whose parents are unfit or unavailable. Such a person is known as a "ward." Guardianships in Kansas are governed by state law. Termination of a guardianship is available on several bases, some of which require a court hearing. Regardless of whether a court hearing is required, termination of a guardianship requires a court order.

Legal Guardianship in Alabama

A legal guardianship in Alabama is a court proceeding used to appoint someone to be responsible for the personal well-being of a minor or incapacitated adult. A person under a guardianship is called a ward. If the ward needs someone to manage his property or money, Alabama law allows for the appointment of a guardian of the estate, which in Alabama is known as a "conservator." Depending on circumstances, the same person can be appointed as guardian and conservator.

Legal Forms for Temporary Guardianship

A guardianship is a legal relationship between an adult and a ward -- a child or a disabled adult -- that requires the guardian to exercise care, custody and control over the ward. Any competent adult may petition to be awarded temporary guardianship over a ward if the ward's current caretaker is or will become temporarily unable to perform his duties. Legal documentation is required to establish temporary guardianship.

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