How Adult Guardianship Works In Kansas And Missouri?

Posted by Janssen Estate Probate and Elder LawDec 17, 20220 Comments

how adult guardianship works in kansas and missouri

You may be wondering, "How adult guardianship works in Kansas and Missouri?" Janssen Estate Probate & Elder Law is dedicated to addressing all your concerns. Janssen Estate Probate & Elder Law has been serving clients' interests throughout the Kansas City Metropolitan Area for 35 years, believing that informed clients make better decisions about estate planning.

Guardianship is a legal process designed to safeguard adults who lack the capacity to care for themselves due to mental or physical impairment. Understanding Kansas and Missouri's rules and procedures regarding adult guardianship is vital, so in this article, we'll examine this process from its start until completion, including how it starts, what attorneys do, and when you should seek legal assistance.


What Is Guardianship?

Guardianship is a legal arrangement that permits one individual (the guardian) to make decisions for another (the ward), who lacks capacity or incapacity regarding various matters including personal, medical, financial, and other areas that impact them directly.


How to File for Guardianship of an Impaired Adult?

Filing for guardianship in Kansas and Missouri includes several steps:

  • Petition Filing: Submit a petition at court detailing why and what limitations exist with regard to adult guardianship.
  • Medical Exam: To confirm an individual's incapacity, courts can order them to undergo a medical examination.
  • Notification: All interested parties in the guardianship proceeding, including the proposed ward, their family members, and any others who could be affected, must be informed.
  • Court Hearing: At this stage, a judge will examine your case and make an official ruling based on evidence.


How Adult Guardianship Works in Kansas and Missouri?

Guardianship involves several duties, making healthcare decisions, managing finances, and assuring their ward's wellbeing. Though this task can be demanding and time-consuming, its importance cannot be understated as protecting your loved ones is of utmost importance.

Kansas and Missouri guardianships may either cover every aspect of life for their ward or focus solely on those areas for which assistance is required.


Why hiring an attorney is beneficial?

Kansas and Missouri guardianship proceedings can be complicated and challenging to comprehend, making legal representation vitally important. Here are some key reasons for seeking legal advice during guardianship proceedings in Kansas and Missouri :

  • Expertise: Attorneys have an in-depth knowledge of Kansas and Missouri law, specifically regarding guardianship.
  • Advocacy: When representing both, an experienced attorney can act as a strong representative on both sides. S/he will protect both groups' rights and interests while making recommendations concerning possible solutions to protect wards' and guardians' wellbeing.
  • Paperwork and Compliance: Legal professionals are available to assist in the preparation of all required documents while assuring them they comply with legal regulations.


When should you hire an attorney?

As soon as you decide to pursue guardianship, it's wise to consult an attorney immediately. Seeking early legal advice will enable you to understand the process more fully and compile all required documentation.


What criteria must I follow to select an experienced attorney?

The success of your guardianship depends heavily on selecting an attorney. Here are a few criteria to keep in mind when making your selection:

  • Specialization: Locate attorneys specializing in elder law, estate planning, and guardianship matters.
  • Experience: Attorneys with proven success at handling similar cases are an invaluable asset.
  • Communication: Your attorney should be able to address your needs and expectations.


Why Choose Janssen Estate Probate & Elder Law

Janssen Estate Probate & Elder Law's expertise lies in guardianship and elder law issues. Our team has an established history of helping families navigate the Kansas and Missouri guardianship system. Our attorneys take great care in providing compassionate legal representation that gets results.


Suggestions for Action 

Before beginning to make any plans or take any actions, begin by reading Kansas and Missouri Guardianship Laws to gain an understanding of all legal requirements.

  • Consult an elder law attorney to assess your options.
  • Locate and compile all relevant documents regarding the proposed ward's incapacity.
  • To initiate the guardianship procedure, you must file a court petition.
  • Attend all court proceedings and hearings to provide required information and evidence.
  • Cooperating closely with your lawyer will ensure that the ward's best interests are secured during the guardianship procedure.
  • As soon as guardianship has been granted, assume your role and make decisions that are in the best interests of the ward.

Understanding adult guardianship law in Kansas and Missouri is essential if you need to provide care for a disabled adult. With professional assistance, the process can be completed successfully to safeguard their well-being. Contact us today at 913-322-6300 or send us an email on our Contact Page.