Oftentimes, families or loved ones begin to see deterioration in someone’s mental, physical or emotional state that they care about. These changes may affect their ability to care for themselves and they may require assistance to continue meeting their everyday needs. If such an incapacity or ailment hinders an individual from adequately managing their assets or finances, he or she may benefit from the appointment of a conservator. A conservator is a court appointed individual who makes decisions on behalf of a conservatee in the best interest of their financial well-being. It is ideal for the person who is appointed as conservatee is responsible, trustworthy and known to the family or loved ones seeking the appointment. The court will weigh various factors when assigning a person to the role of conservator as they hold a large amount of responsibility and are afforded many legal rights that allow them to act on behalf of the conservatee.
Conservatorship Statutes Regarding Conservatee’s Well-Being
K.S.A. § 59-3078 specifically states that a conservator shall become aware of the conservatee’s needs and responsibilities and exercise authority only as necessitated by the conservatee’s limitations. This means that a conservator shall know the conservatee and act on behalf of their best interest when they are unable to do so for himself or herself. A conservator is granted powerful decision-making rights, yet they are also required to consider a conservatee’s values and wishes when taking action on their behalf.
Appointment of a Conservator in Kansas
The process of appointing a conservator in Kansas is similar to that of a guardianship proceeding. Both begin by filing a petition with the court requesting and outlining the need to establish conservatorship. Kansas’s statutes require that notice be served to relevant parties, including the alleged impaired or incapacitated individual no less than ten days prior to the scheduled court hearing. A hearing will be held where testimony and evidence will be reviewed and the judge will use her or her discretion to decide whether or not to appoint a conservator. In some cases a bond filing may be also be required.
Role and Duties of a Conservator
According to Kansas’s laws, it is of utmost importance that the conservatee’s best interest is consistently the crux of all decision-making. That being said, the court regularly oversees the behavior and care of the impaired individual. This is achieved through submitted inventories that state the assets, property and any sources of income the conservatee has. It is also achieved through required Accountings and Reports that must be filed with the court to outline how financials are being managed and outline any monetary actions that have taken place.
Contact an Experienced Kansas Conservatorship Attorney for Kansas Statute Information
Gaining a deeper knowledge of Kansas’s conservatorship statutes will provide more understanding and simplify the legal process. Kansas Conservatorship Attorney Tom McDowell has decades of experience answering many family’s questions and has successfully helped them through the process. Call Kansas Conservatorship Lawyer Tom McDowell, at McDowell Chartered Legal Services today (316) 633-4322 to see how he can help you get started with your conservatorship.