What is a voluntary guardianship?

A voluntary guardianship is when a caretaker is appointed by a court to take care of another person, often in place of the parents or a relative. A voluntary guardianship is different from a conservatorship in that it involves actively caring for the person who needs assistance (the ward), rather than just managing the finances of the ward. In Kansas, a voluntary guardianship can be established for a minor, an incapacitated adult, or a person with a developmental disability. The legal process for establishing a voluntary guardianship begins with the filing of a petition with the local probate court. The petition must include specific information about the ward, the proposed guardian, and the reason for the guardianship. As part of the process, the ward and the proposed guardian must both attend a court hearing. During the hearing, the court will review all the evidence and decide if a guardianship is in the best interests of the ward. Once the court has established a voluntary guardianship, the guardian is responsible for making sure the ward’s needs are met. This could include decisions about medical care, educational opportunities, and living arrangements. The guardian also has a legal duty to provide for the ward’s physical and emotional needs. Voluntary guardianships are necessary to provide for the safety and well-being of vulnerable people. In Kansas, courts take great care in making sure that any guardianship established is in the best interests of the ward and that their rights and interests are protected.

Related FAQs

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