How does a court decide to appoint a guardian?

When a court decides to appoint a guardian in Kansas, the court looks at several factors. The court must decide if the individual in question is unable to care for themselves, and if so, then the court will consider appointing a guardian. The court will consider if the individual can understand their rights and make their own decisions; if the individual has requested a guardian; if the individual’s family is willing and able to provide guardianship; and if an alternative to guardianship is available. The court will also look at the type of guardianship that is necessary. A full guardianship is the most intrusive and requires the guardian to make all decisions on the behalf of the individual. A limited guardianship is less intrusive and only requires the guardian to make a limited number of decisions on behalf of the individual. When a court makes its decision, it will take into consideration the best interest of the individual and any evidence presented at the hearing. The court will also consider the wishes of the individual, if they are able to make their own decisions. The court will appoint a guardian that is capable of handling the responsibilities and to provide the necessary care. Finally, the court must find that the guardian can provide a safe and supportive environment for the individual.

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