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The key distinction being the permanency one provides and the temporary custody and ability to care for the child the other offers. A legal guardianship is granted when one adult who is not the parent of the child obtains rights and legal responsibilities to care for the child.
The goal of the KGP is to provide that qualified, caring and trained volunteers are available throughout the State of Kansas to serve as court appointed guardians or conservators for individuals in need of this level of protection and advocacy and who do not have family members capable of or willing to assume such ...
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.
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.
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.
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.
Process of Establishing Temporary Guardianship To establish temporary guardianship a petition needs to be filed with the court stating why temporary guardianship is being sought. The main component Kansas courts require is evidence of imminent danger to the ward's physical health or safety.