10650 Request for Successor and Termination of Guardian and/or Conservator

 

  1. Request for Successor

A request for a successor guardian and/or conservator may be received on an established guardian/conservator (G/C) case. If a request for a successor is received for a guardianship case with a Kansas Guardianship Program (KGP) volunteer, the APS Specialist shall complete the APS portion of the PPS 10600, indicating a successor is being requested, and send the PPS 10600 to KGP.

 

  1. Restoration to Capacity

The ward/conservatee may petition the court at six (6) months following the appointment of their guardianship and every six (6) months thereafter for restoration of capacity. A petition of the court shall be completed by the ward/conservatee or his or her representative. Such hearings should be encouraged if information from a physician or other knowledgeable individual indicates an improvement in the ward/conservatee’s condition or it is determined she/he was not legally disabled at adjudication.

 

If the court restores capacity to the ward/conservatee, the APS Specialist shall document the change in the Guardianship note type in KIPS and notify a DCF regional attorney.

 

  1. Termination of Guardian and/or Conservator

The guardian/conservator may petition to resign at any time. The resignation shall not take effect until a final accounting has been filed with and approved by the court. If the accounting is approved the court will issue an Order of Discharge.

 

The guardian/conservator cannot be discharged until:

 

    1. A successor is appointed; or
    2. The ward/conservatee is restored to capacity.

If the APS Specialist receives notice of the death of the ward/conservatee, notify the DCF Regional attorney and document the change in the Guardianship note type in KIPS.