Guardianship laws in Kansas are codified in Kansas Statutes Annotated (K.S.A.) located in the Kansas Probate Code. Specifically, guardianship laws in Kansas are found at K.S.A. Chapter 59, Article 18. These provisions establish the basic legal requirements for establishing and maintaining a guardianship in the Sunflower State.
Kansas Guardianship Program
The Kansas Guardianship Program (KGP) exists to provide support to guardians and other interested persons. The KGP works to ensure compliance with state laws regarding guardianship in the state. The KGP is located at:
Kansas Guardianship Program Main Office 3248 Kimball Ave. Manhattan KS 66503-0353 785-587-8555 800-672-0086 www.ksgprog.org
The purpose of the Kansas guardianship laws is to provide a mechanism to protect the welfare of an individual not capable of caring for his own needs on a day-to-day basis. A guardian is charged with protecting the physical welfare and safety of her charge.
Guardianship and Conservatorship
Pursuant to the provisions of the Kansas guardianship laws, if a guardianship is ordered, a conservatorship is established as well. A conservator deals with the finances of an incapacitated individual. The theory is that if a person needs a guardianship to protect his personal interests, that individual is not able to care for his finances.
Kansas guardianship laws require that a guardianship be established only as a last result, when no other alternative is suitable. Kansas law applies what is known as the "least restrictive alternative standard." If there is another means of protecting the welfare and safety of an individual (placement in a group living environment without the establishment of a guardianship, for example), that course must be utilized.
Adult with Impairment
Kansas guardianship statutes define an adult with an impairment suggesting the need for guardian. Specifically, an adult with an impairment is unable to receive and evaluate relevant information or is unable to communicate her decision regarding an issue (or both). The person who becomes the subject of a guardianship in Kansas legally is known as a "ward."
A minor child not in the care of his parents potentially qualifies for the establishment of a guardianship because of his age, according to Kansas guardianship laws.
Letters of Guardianship
A guardianship is established through the filing of a petition for guardianship. The petition is filed in the probate court in the Kansas county where the subject of the proceedings is physically located. The court issues what are known as letters of guardianship, which is the official document empowering a guardian to act on behalf of the subject of the proceedings.