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Powers of attorney generally allow individuals to keep more decision making power. A guardianship introduces many more limits on the individual's ability to decide for themselves and should usually be used when they are absolutely unable to.
A guardian is a person who is appointed by a court to make personal decisions for the ward, like where the ward lives or what doctor the ward sees. A conservator is a person who is appointed by a court to make decisions about the ward's money, like paying the ward's bills or investing the ward's money.
Becoming the legal guardian of a child requires filing a petition with the court. The petition is typically filed in the county where the child resides, but the court may permit filing in another county under specific provisions in Kansas law.
A guardianship is NOT a termination of parental rights. The parents may rectify the conditions which led to the appointment of the guardian and if the court determines it to be in the best interest of the child to terminate the guardianship, the court may do so.
2.1 Guardianship or conservatorship is an attempt by the state to provide a way to help and protect a person when that person is incapable of self-care or of acting in his or her own best interest.
13.2 Petition For the appointment of a guardian or conservator the first step is the filing of a petition. The petition is a legal document prepared by an attorney that is filed by any adult asking that the district court appoint a guardian or conservator for an adult or for a minor.
The person who wants to be the new guardian would file a Petition for Appointment of Successor/Co-Guardian. The guardian can voluntarily resign if they no longer want to be the guardian. The court will have to choose a replacement guardian, and may appoint the public guardian if no one else is willing to be appointed.
appointed guardian for a minor has substantial legal duties and responsibilities established in K.S.A. 593075. The guardian has custody and control of the child and is responsible for providing for the child's support and maintenance, personal and medical care, education, and overall wellbeing.