Probate Code
Each state's laws set out detailed procedures which must be followed to have a guardian or conservator appointed. Although details vary, typically the process requires notice to the proposed ward and other interested parties, evaluation of the proposed ward and evidence supporting the request, a hearing, and a decision by a jury or judge.
Initiating the Action – Filing a Verified Petition:
Any person may file in the district court of the county of residence of the proposed ward or proposed conservatee or of any county wherein the proposed ward or proposed conservatee may be found, a verified petition requesting the appointment of a guardian or a conservator, or both, for an adult with an impairment in need of a guardian or conservator, or both.
Notice of Hearing:
Notice of the petition must be given to the person alleged to be incapacitated, their attorney, and anyone else the court directs. Notice must be served at least 10 days before the hearing.
Examinations, Evaluations, and Interviews:
Once a petition is filed, the court shall order the proposed ward or proposed conservatee to submit to an examination and evaluation by a medical or mental health professional. The professional must file a report of their findings with the court.
Adjudication and Disposition:
If after a hearing the court or a jury determines the respondent is incapacitated, the judge issues an order appointing a guardian, conservator, or both and outlining the scope of the guardian's powers.
Conservatorship in Kansas:
The appointment of a guardian and a conservator run parallel to one another in the statutes.