How to File for Guardianship in Kansas

In certain circumstances, a child or impaired adult may need someone besides a parent to care for them or make legal decisions on their behalf. In this case, a legal guardian may need to be appointed by a court. In Kansas, a specific legal procedure set by the Kansas State Legislature is to be followed to take the first step toward obtaining guardianship.

Instructions

1. Download the required paperwork from the Kansas State Legislature website and prepare and file the petition. An attorney should prepare the petition, and the adult requesting guardianship should file it. The petition will include personal information about both the petitioner and the one in need of guardianship. It will also include a statement detailing the need for guardianship. In some cases, the court may also require a proposed guardianship plan to be included with the petition.

2. Await orders from the court. The court will send an order for an appointed attorney, an appointment date to consult with the attorney, and a date and location for the trial. The court also will list who must attend the trial.

3. Complete an examination and evaluation before the trial if requested by the court. In some cases, the court will request this examination to determine capabilities of the petitioner. This includes abilities and limitations in regards to physical, emotional, cognitive and functional aspects of being a guardian.

4. Await notices of presence to be appointed to all those involved in the trial and required by court to appear.

References

• Kansas State Legislature: Petition for Appointment of Guardian or Conservator for Minor; Contents; Plan.
• Walden & Pfannenstiel, LLC: Guardianship in Kansas