Kansas Petition for Appointment of Conservator or Legal Guardian of Person and Estate of Adult who Physical or Mental Infirmity or Age, is Unable to Handle Affairs

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Multi-State
Control #:
US-00975BG
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Word; 
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Description

The appointment of a guardian or conservator is generally a judicial function, brought about by following the procedure set forth in the statutory law of the particular jurisdiction. This form is a generic example that may be referred to when preparing such a form for your particular state.

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FAQ

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 guardian is different from a caregiver because when a child has a caregiver, either the caregiver or the parent can make decisions for the child. When a child has a guardian, only the guardian, not the parent, can make decisions.

A representative payee applicant may not serve if he/she: (a) Has been convicted of a violation under section 208, 811 or 1632 of the Social Security Act. (b) Has been convicted of an offense resulting in imprisonment for more than 1 year.

A power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.

What is the difference between a guardian and a representative payee? A guardian is appointed by a court to manage an individual's personal and legal affairs, while a representative payee is appointed by the SSA to manage their Social Security benefits.

What is a Representative Payee? A representative payee is a person or an organization. We appoint a payee to receive the Social Security or SSI benefits for anyone who can't manage or direct the management of his or her benefits. .

Legal guardians may have access to the records of the individuals they represent. A representative payee does not have the same access rights as a legal guardian, but has access only to information that is necessary to discharge the duties of a payee.

Your representative payee's authority is limited to matters between you and us. A power of attorney does not give someone authority to act as your representative payee. A representative payee has no authority to enter into any binding contracts on your behalf.

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Kansas Petition for Appointment of Conservator or Legal Guardian of Person and Estate of Adult who Physical or Mental Infirmity or Age, is Unable to Handle Affairs