Guardianship Attorneys Serving Overland Park, Kansas
Appointed by the court, a guardian holds the power to make personal and financial decisions for another individual who has mental or physical limitations. Our Kansas guardianship attorneys understand the emotional and economic implications of this legal process, and we can deliver the professional, compassionate representation you and your loved ones need.
From our office in Olathe, Kansas, we extend our legal services to people throughout Overland Park and the surrounding areas, including Shawnee, Leawood, and Johnson County. If you or a loved one is seeking assistance, reach out to us at Stern & Mauck, LLC, and schedule a free initial consultation.
What You Need to Know About Guardianship
Guardianship can be described as a relationship created by state law, whereby a court grants a person (the guardian) the power and duty to make important decisions about the well-being and financial security of another person who cannot care for or make important decisions by themselves (ward). Guardianship may be used in any of these circumstances:
Guardianship of an incapacitated adult
Guardianship of a minor child
Guardianship of a developmentally disabled adult
A guardian is a person or entity appointed by the court to manage the interests and affairs of the ward. Once appointed, a guardian will have authority over an individual's personal, financial, and property decisions, including where they live, what medical care they are to receive, and more.
Commonly, parents also appoint a guardian for their children in their will or other estate planning documents. If the parents do not determine a guardian for their child and one is needed, the court will appoint one.
Guardianships & Conservatorships
Like guardianships, conservatorships enable people to exercise certain decision-making power for another individual. But while a legal guardian can make a wide range of medical and real estate choices for the person in their care, conservatorship grants more limited authority.
A conservator, generally, only has the power to pay bills, make investments, and handle some other financial matters.
Contact us at Stern & Mauck, LLC for further explanation or assistance. We will be happy to clarify your concerns and get you set up with a free consultation.
Types of Guardianships
Kansas recognizes many forms of guardianship and conservatorship. It is important to speak with an experienced elder law attorney who is knowledgeable about the benefits of each so you can establish a guardianship or conservatorship that makes the most sense for your loved one’s needs.
Temporary Guardianship or Conservatorship
When the healthcare needs of your loved one are urgent or there are emergency financial factors present, a temporary guardianship or conservatorship may be your best option. A regular guardianship appointment may take up to a month to establish and pressing matters may require immediate care and oversight. Suppose you know of an incapacitated person that is in imminent health danger or there is a risk that their resources may be significantly depleted. In that case, our attorneys can help you establish temporary guardianship or conservatorship to protect their needs immediately.
Often an incapacitated person may have an established guardian or conservator, but, they wish to secure continued care should anything happen to the person currently appointed. In the event of a death, illness, resignation, or another interrupting situation, this option enables a standby guardian or conservator to step in and take on the roles and responsibilities of the current guardian or conservator. Standby guardianship can help ensure there is no gap in your loved one's care despite a change in circumstance.
Co-Guardianship or Co-Conservatorship
If the collective care of two individuals would be more beneficial to your loved one, you may petition to appoint co-guardians or conservators. The pair will work together to make decisions and provide care for the individual’s physical health and well-being and/or financial security and management.
Regardless of what your situation is, our guardianship attorneys will lead you down the path that best serves your family and your loved one's needs. Schedule a free consultation with us today to get started.
Trusted Legal Counsel for Overland Park, Kansas
Guardianship is a huge and significant responsibility for any individual, so the legal process of appointing or becoming a guardian is complex. But you and your loved ones don’t have to navigate it alone.
Client-first representation is a pillar of our practice. When you work with us, you can expect the trustworthy and personalized legal guidance you and your loved ones deserve. If you’re seeking guardianship or elder law assistance in or near Overland Park, Kansas, give us a call today.