What is a durable guardianship?
In Kansas, a durable guardianship is a legal arrangement in which an adult is appointed to make decisions and manage the affairs of an incapacitated adult or minor. This type of guardianship can be either temporary or permanent. The purpose of a durable guardianship is to protect the best interests of the ward, which is the person who requires guardianship services. A court order is required to establish a durable guardianship, and the court will generally appoint a guardian if it finds that the proposed ward is not competent to manage his or her own affairs or that he or she is unable to do so. The court-appointed guardian is responsible for making decisions regarding the ward’s health care, finances, residence, education, and other matters. The guardian must also make regular reports to the court concerning the ward’s condition and well-being. It is important to note that, while a durable guardianship grants the guardian the power to make decisions on behalf of the ward, the guardian must always act in the best interests of the ward. The guardian is also subject to the court’s authority and must seek court approval for any major decisions. A durable guardianship is an important legal tool to protect the rights and interests of individuals who lack the capacity to make their own decisions.
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