What's a Court Appointed Guardian?
By Betty Gibb
Kansas Senior Press Service
Q. My neighbor is an elderly gentleman in his late 80s. He has no children and few living relatives. I can see him failing both physically and mentally, and I worry about his being able to care for himself, to pay his bills and make decisions. Is there an agency who takes over the care of someone like this?
A. Yes, and no. When an adult becomes unable to handle his or her legal and personal affairs, Kansas law allows for the courts to appoint a guardian or a conservator. It certainly doesn’t happen easily or automatically, and the pool of volunteers willing to take this important, time-consuming job for only a small stipend is not large.
For your neighbor, you should begin by contacting your local Area Agency on Aging (AAA) or Social and Rehabilitation Services (SRS) Adult Protection Unit. These agencies have trained social workers who can come and assess the situation and make appropriate recommendations. The request for an appointed guardian goes to the court from SRS.
SRS makes a formal request to the Kansas Guardianship Program (KGP) for an approved volunteer who may be nominated to the court for appointment as guardian or conservator or voluntary conservator. KGP matches the volunteer with the possible ward or conservatee.
The District courts (in charge or probate matters) receive the testimony about the alleged disability of the proposed ward or conservatee and make the decision. A person may also request the voluntary appointment of a guardian or conservator. Under any of these circumstances, the person is appointed by the court.
In layman’s terms, a guardian makes decisions about the person’s living arrangements, care, etc. A conservator makes decisions about real and personal property, income, benefits, etc. These two responsibilities are often assigned to the same person.
It is a significant matter to ask someone to accept both legal and moral responsibility for the well-being of a person unrelated (and often previously unknown) to them.
The appointed guardian/conservator:
- Accesses services for the ward, including necessary physical, psychological and emotional care and treatment
- Monitors the quality of supports and services
- Provides any necessary consents for treatment, relocation
- Visits two to four times a month
- Provides necessary paperwork such as court reports and accountings, application and reapplication forms for services/benefits
- Reports monthly to the KGP on activities undertaken on behalf of the ward
Now, about your neighbor, begin by contacting either the Area Agency on Aging or Social and Rehabilitation Services. If there is a chance you’d like to become a court-appointed guardian for him or for someone else, that would be great. Volunteers are always in short supply. You can contact the Kansas Guardianship Program in Manhattan at 785-587-8555.
Human Services & Aging
11811 S. Sunset Drive, Suite #1300
Olathe, KS 66061-7056
(913) 715-8800 : voice
(913) 715-8825 : fax
(913) 894-8822 : TTY
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