Can an individual object to a guardianship?
Yes, an individual can object to a guardianship in Kansas. When an individual is declared to be incapacitated and a guardian is proposed, the proposed ward has a right to object to the guardianship. The individual can also make a statement before any hearing on the guardianship and present evidence in opposition to the guardianship. If the individual is unable to object to the guardianship due to their incapacity, they may have a legal representative who can object on their behalf. The objection must be made with the court, and the court is then responsible for determining the validity of the objection. If the court finds that the proposed guardianship should not be established, the court may reject the proposal or revise the proposed guardianship order accordingly. The court is also responsible for determining if the appointee is qualified to be a guardian and if the appointment is in the best interests of the proposed ward. In cases where an objection is made against the guardianship, the court must decide if the conservatorship should be appointed instead of the guardianship. Conservatorship provides more limited powers than a guardianship, and offers more autonomy to the individual. The court also determines if the conservator should be supervised by the court or not. A conservator may not take on the same responsibilities or authority as a guardian so it is important for individuals to understand both the rights and limits of a conservatorship.
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