During the course of an APS investigation, if the involved adult is in need of protective services and lacks capacity to consent, statute K.S.A. 39-1437 allows for the Secretary of Department for Children and Families (DCF) to make determination to pursue a petition with the district court to appoint the involved adult with a guardian and/or conservator. Depending on the needs of the involved adult, several options for guardian and/or conservatorship are available.
Voluntary Conservator – An adult may petition the court to have a voluntary conservator appointed to make financial decisions for him or her.
To sign a petition the proposed conservatee must have the capacity of knowing what s/he is signing.
The proposed conservatee must sign a petition which is filed with the Probate Court.
The conservatee may request the court revoke the conservatorship at any time.
Temporary Guardian and/or Conservator – A temporary guardian/conservator may be filed at the same time or after the petition for guardian/conservator. An ex parte hearing is held and at that time a temporary guardian/conservator may be appointed pending the regular hearing. A temporary placement order can be made at the temporary guardianship hearing.
Temporary Guardian – A temporary guardian can be appointed when there is an imminent threat to the health or safety of an alleged impaired adult. A petition for temporary guardianship may be necessary if during the pendency of a proceeding, it appears there is imminent danger, that the physical health or safety of the proposed ward will be seriously impaired unless immediate action is taken. The proposed ward, or any adult interested in the welfare of the proposed ward, may petition the court in which the proceeding is pending for the emergency appointment of a guardian.
Temporary Conservator – A temporary conservator can be appointed when there is an imminent threat to the financial resources of a person may be depleted unless immediate action is taken.
Involuntary Guardian and/or Conservator – Any person may file in the district court in the county of the residence or presence of the proposed ward/conservatee, a verified petition for appointment of a guardian and/or conservator. The following may occur:
After the petition is filed, the court will then issue mandatory preliminary orders which will order the time and place of hearing on the petition, no earlier than seven (7) days or later than fourteen (14) days after the filing of the petition.
This order appoints an attorney for the proposed ward and/or conservatee and demands a mental evaluation of the proposed ward and/or conservatee be conducted by a psychiatrist, psychologist (PhD), or physician.
The law also allows the court to make whatever discretionary orders it deems appropriate. This could include an order for an investigation or home visit by DCF.
The court will also require notice be sent to all persons having involvement with the petition.
The Kansas Guardianship Program (KGP) is a partnership of the state of Kansas and trained citizen volunteers charged with assisting adults who have been legally determined to be unable to manage for themselves.