Wichita Family Law Attorneys Assist with Guardianship Issues
Experienced representation for matters impacting children and incapacitated adults
In Kansas, guardianship is court-appointed legal authority over a minor or an adult who needs assistance. If you are seeking the authority to act for the welfare of a child or an incapacitated adult, the family law attorneys at Peggs Wheeler, LC are ready to help. We understand the urgency and delicacy of the situation and will proceed with the utmost professionalism and sensitivity so that you can protect your vulnerable loved ones. We can also represent potential wards, children and adults who want a voice in the proceedings or feel the need to oppose a guardianship. When you retain Peggs Wheeler, LC for any sensitive family law issue, we provide compassionate counsel focused on the results you seek.
Types of guardianships in Kansas
A legal guardian for a child makes decisions for the child’s welfare and sees that the child’s needs are met when parents are deceased or rendered incapable of meeting the child’s needs. When circumstances require, the court can appoint any of these types of guardian:
- Permanent — The guardian can exercise authority over the child until the child reaches the age of majority or until the court rescinds the order.
- Temporary — If the child’s parent or other caregiver is temporarily unable to meet the child’s needs, the court appoints the guardian until the crisis passes and the parent can resume duties.
When the court appoints a guardian to meet the child’s physical needs, it can also create a conservatorship to oversee the child’s finances. This is important in cases when a child is orphaned and receives an inheritance from the parent(s).
Obtaining a guardianship in Kansas
A person seeking to assume guardian duties over a ward must petition the court to be appointed. Court appointment is necessary even if a deceased parent had named someone as guardian as part of their estate plan. A minor child has little say over whether a guardian will be appointed, but an older child may express an opinion about the suitability of a particular guardian. The court will determine whether and to what extent it will accept the testimony of a child under such circumstances. If the court creates a guardianship, the guardian is generally required to report to the court at regular intervals.
Particular issues with adult guardianships
Many of us are faced with the prospect of aging parents losing the capacity to care for themselves. Unfortunately, many older adults are reluctant to surrender their autonomy, even when infirmities are evident. On the other hand, adult children can also sometimes misjudge the suitability of taking their parent’s autonomy away by attempting to impose a guardianship. This leads to conflicts between would-be guardians and their prospective wards. Our attorneys understand these are complex and delicate issues. You can rely on our professionalism and sensitivity as we focus on obtaining the best results available under your circumstances.
Contact a Kansas law firm for a free initial consultation about guardianship
Peggs Wheeler, LC in Wichita is determined to help in all guardianship matters. For personal attention to your pressing concerns, call 316-512-7853 or contact us online to schedule a free consultation.