What happens if a guardian fails to fulfill their obligations?

In Kansas, a guardian has a fiduciary responsibility to the ward, meaning they have a duty to act in the best interests of the ward and to fulfill the obligations of the guardianship. If a guardian fails to fulfill these obligations, they can be held legally liable. This includes failing to provide for the ward’s physical and emotional needs, failing to use the ward’s assets wisely, and failing to properly care for the ward’s health and safety. If a guardian is found to have breached their fiduciary duty, they may be removed from the guardianship, and the court may appoint a new guardian or court-appointed conservator. Depending on the nature of the breach, the guardian may also be required to pay back the ward’s estate for any money lost due to their negligence. If the guardian is found to be willfully neglectful or to have acted in bad faith, they may also be charged with a misdemeanor or felony. The court may also require the guardian to provide a full accounting of all assets, income, and expenditures made on behalf of the ward. This will help to ensure that the ward is receiving the proper care and that all of their assets and income are being used for their benefit. In some cases, the court may also require the guardian to take additional steps to ensure that their fiduciary obligation is being met.

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What happens if a guardian fails to fulfill their obligations?

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