Kansas Guardianship and Conservatorship

When an adult can no longer manage their own care or finances, a Kansas court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.

Based on K.S.A. 59-30,101 et seq. (Kansas uniform guardianship, conservatorship and other protective arrangements act)

By Settled Estate EditorialPublished: June 28, 2026Updated: September 7, 2026

What guardianship and conservatorship mean here

Guardianship in Kansas is a district court case under the Kansas uniform guardianship, conservatorship and other protective arrangements act, K.S.A. 59-30,101 through 59-30,212. The act is new: it took effect January 1, 2026 and replaced the older act for obtaining a guardian or a conservator, or both, which is now repealed. A guardian makes decisions about a person's personal affairs. A conservator makes decisions about property and money. The court may appoint one, the other, both, or neither, and it may not appoint a full guardian if a limited guardianship, a protective arrangement, or another less restrictive alternative would meet the person's needs. For an adult, the court has to find by clear and convincing evidence that the person cannot meet essential requirements for physical health, safety or self-care because they cannot receive and evaluate information or make or communicate decisions, even with supportive services, technology or supported decision making, and that those needs cannot be met a less restrictive way. The respondent gets a court-appointed attorney regardless of ability to pay, personal service of the petition, an examination and evaluation by a qualified professional, and the right to attend and participate in the hearing.

Kansas uses guardian for the person and conservator for the property, and keeps the two roles separate in the statute even when the same individual holds both. A guardian is appointed to make decisions with respect to the personal affairs of an individual; a conservator is appointed to make decisions with respect to the property or financial affairs. A Kansas guardian has no authority over the person's money or property unless the court specifically grants it, and the court may grant it only where the combined value of funds and assets starts at $25,000 or less. The act also retired the word ward: it calls the person an adult subject to guardianship, a minor subject to guardianship, or an individual subject to conservatorship, and calls the person a petition is filed about the respondent. Court paperwork filed before January 1, 2026 may still use the older vocabulary.

Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.

Types of guardianship and conservatorship

Full Guardianship of an Adult (decisions about the person)

The court grants a guardian all the powers the act makes available over an adult's personal affairs: establishing where the adult lives, consenting to health, mental health or other care and services, applying for benefits where the court has authorized it, and receiving the adult's health information. A full guardianship is the hardest version to get. The order has to state the basis for it and include specific findings explaining why a limited guardianship would not meet the adult's functional needs. Even then the guardian is a fiduciary who has to keep the adult involved in decisions, decide what the adult would decide if able, and tell the court immediately if the adult recovers enough to exercise rights the order removed.

K.S.A. 59-30,102(i); K.S.A. 59-30,150(b); K.S.A. 59-30,153; K.S.A. 59-30,154

Conservatorship (decisions about property and money)

A separate appointment covering the property or financial affairs of an adult or a minor. For an adult, the court needs clear and convincing evidence that the adult cannot manage property or financial affairs even with support, or is missing, detained or unable to return to the United States, that appointment is needed to avoid harm or significant dissipation, and that no less restrictive alternative will do. For a minor, the test is preponderance of the evidence and a threshold: funds or property over $25,000 from court settlements, death transfers, or sources other than the minor's own earnings or a uniform transfers to minors act account. The conservator is a fiduciary who must invest as a prudent investor would, and a bond or another asset-protection arrangement is required unless the court finds one is unnecessary.

K.S.A. 59-30,102(e); K.S.A. 59-30,160; K.S.A. 59-30,174

Limited Guardianship or Limited Conservatorship

The Kansas default in everything but name. A limited guardianship grants less than all available powers or otherwise restricts what the guardian may do; a limited conservatorship grants less than all powers, or powers over only certain property. The order must state the specific powers granted, and the letters of office must carry any limitation on the powers or on the property, so a bank or a care facility can see the boundary. The court is directed to grant only the powers the demonstrated needs and limitations require, and to issue orders that encourage the person's maximum self-determination and independence.

K.S.A. 59-30,102(q); K.S.A. 59-30,102(r); K.S.A. 59-30,150(c); K.S.A. 59-30,108(c); K.S.A. 59-30,141(b)

More guardianship types10 additional arrangements courts use in specific situations, with statute cites

Guardianship of a Minor

A court appointment giving someone other than a parent the powers a parent would otherwise have over a child's support, care, education, health, safety and welfare. It is available only if the appointment is in the minor's best interest AND one of four things is true: every parent consents after being fully informed, all parental rights have been terminated, there is clear and convincing evidence the parents are unwilling, unable or unfit, or there is clear and convincing evidence of highly unusual or extraordinary circumstances. Appointment does not relieve a parent of any support obligation. A minor 12 or older must be personally served and may ask for their own attorney, and the court appoints one if the minor asks, a guardian ad litem recommends it, or the court decides the minor needs representation.

K.S.A. 59-30,128; K.S.A. 59-30,130; K.S.A. 59-30,131; K.S.A. 59-30,133(e); K.S.A. 59-30,137

Standby Guardian for a Minor

Kansas lets a parent set up a guardian in advance who steps in later without a fresh case. A parent may nominate a standby guardian in a signed record, and may revoke or amend that nomination any time before the court appoints. The court appoints on a petition by the parent or the nominee, and on a finding that no parent is likely to be able or willing to care for or make decisions for the minor within two years. A person entitled to notice has 30 days after service to object; if nobody objects the court may appoint without a hearing. The standby guardian then acts, with all the duties and powers of a guardian for a minor, when no parent is willing or able, after filing an acceptance of appointment and giving notice. This is the planning tool for a parent facing a serious illness or a deployment.

K.S.A. 59-30,134

Emergency Guardian for an Adult

A short bridge for a genuine crisis. The court may appoint on probable cause that an emergency guardian is necessary to prevent imminent and substantial harm to the adult's physical health, safety or welfare, that no other person has authority and willingness to act, and that a basis for a regular guardianship exists. The authority lasts no more than 30 days and may be extended up to three times for no more than 30 days each. The emergency guardian may exercise only the powers the order names. The court appoints an attorney for the respondent immediately on filing.

K.S.A. 59-30,152

Emergency Guardian for a Minor

The same 30-day tool for a child, on probable cause that an emergency guardian is necessary to prevent imminent and substantial harm to the minor's health, safety or welfare and that no other person has authority and willingness to act. It may be extended up to three times for no more than 30 days each. Notice goes to the minor if 12 or older, any attorney appointed for the minor, each parent, anyone else with care or custody, and anyone else the court names. If the court appoints without notice because of substantial harm before a hearing could be held, notice must go out within 48 hours and the court must hold a hearing on whether the appointment was appropriate within seven days.

K.S.A. 59-30,135

Emergency Conservator

The financial counterpart, on probable cause that appointment is necessary to prevent imminent, substantial and irreparable harm to the individual's property or financial interests, that no other person has authority and willingness to act, and that a basis for a regular conservatorship exists. It lasts no more than 30 days and may be extended up to three times for no more than 30 days each. The court appoints an attorney for the respondent immediately on filing, and if it appoints without notice it must give notice within 48 hours and hold a hearing on the appropriateness of the appointment within five days.

K.S.A. 59-30,172

Temporary Substitute Guardian or Conservator

A stand-in when the existing fiduciary is the problem rather than the crisis. The court may appoint one for up to six months if a proceeding to remove the guardian or conservator is pending, or if the court finds the current one is not effectively performing the duties and the person's welfare requires immediate action. The substitute holds the powers stated in the original order of appointment unless the court says otherwise, and the existing guardian's or conservator's authority is suspended for as long as the substitute has authority. Notice goes out within five days.

K.S.A. 59-30,125

Protective Arrangement Instead of Guardianship

A court order that solves the specific problem without appointing anyone. On the same clear and convincing findings that would support a guardianship, the court may instead authorize or direct a particular transaction the adult needs: a specific medical treatment or a refusal of one, a move to a named place of dwelling, or visitation with a named person. It may also order supervised visitation with, or restrict access by, a person whose access puts the adult at serious risk of physical, psychological or financial harm, and may make other limited arrangements. The order can carry reporting requirements, time limits and a bond. Nobody receives ongoing authority over the adult's life, which is why the act treats this as less restrictive than guardianship and requires the court to rule it out before appointing a guardian.

K.S.A. 59-30,196; K.S.A. 59-30,197

Protective Arrangement Instead of Conservatorship

The financial version, available for an adult or a minor. The court may authorize or direct a single transaction needed to protect the person's property: establishing eligibility for benefits, payment or deposit of funds, a sale, mortgage or lease, purchase of an annuity, a contract for personal care or education, funding a trust, ratifying or invalidating a contract, trust or will, or settling a claim. It may also restrict access to the person's property by someone who puts them at serious risk of financial harm. There is a separate financial-exploitation order available whether or not the main findings are made, against a person the court finds by clear and convincing evidence used fraud, coercion, duress or deception and control to cause or attempt financial harm.

K.S.A. 59-30,196; K.S.A. 59-30,198

Extended Conservatorship for a Minor

A minor's conservatorship can run past the 18th birthday if the minor consents or the court finds by clear and convincing evidence that substantial harm to the minor's interests is otherwise likely. It can be extended to age 21, and then for two more two-year periods on the same finding or with the minor's consent. Consent can be withdrawn at any time. A request has to describe the funds or assets to be distributed over the extended period, the factual basis for the need, and a proposed conservator's plan showing how the distribution will happen. This is the tool for a young person receiving a large settlement or inheritance.

K.S.A. 59-30,191

Co-Guardians and Corporate Guardians

Two people may serve together, and the letters of office must say whether co-guardians or co-conservators may act independently, must act jointly, or which matters call for which. A corporation organized under the Kansas general corporation code may serve as guardian if the secretary for children and families has certified it as a suitable agency, using criteria aimed at protecting the person: whether it can perform the duties, whether its staff is accessible and adequate in number, whether it is likely to keep existing, and whether it will report as the secretary requires. Certification can be suspended or revoked after notice and a hearing. A corporation may not serve as guardian for someone it provides care, treatment or housing to, or for a resident of an adult care home, lodging establishment or institution it owns, part-owns or operates.

K.S.A. 59-30,108(c); K.S.A. 59-30,112

The Kansas guardianship court process

1Rule out the less restrictive options firstKansas requires the court to find, in the order itself, that the person's needs cannot be met by a protective arrangement or another less restrictive alternative, so start there.

Kansas requires the court to find, in the order itself, that the person's needs cannot be met by a protective arrangement or another less restrictive alternative, so start there. The statutory list is a durable power of attorney for finances, a durable power of attorney for health care decisions, supported decision making, technological assistance, and a representative payee for benefit income. For money alone, several routes avoid a conservatorship entirely: a court may authorize deposit of a minor's funds up to $100,000 or payment of up to $25,000 without appointing anyone, a parent may manage a minor's property up to $25,000, and an adult subject to guardianship with no more than $25,000 can have funds deposited without a conservator. The petition has to say which of these were considered or tried and why they are not enough.

2File a verified petition in the right countyAnyone interested in the adult's welfare, including the adult, may file.

Anyone interested in the adult's welfare, including the adult, may file. Venue for an adult guardianship is the county where the respondent resides, the county of the court that ordered an institutional admission, or, for an emergency guardian, the county where the respondent is present. The petition must be verified and must name the petitioner, the respondent, and a long list of people entitled to notice: the spouse or a household partner of more than six months, adult children, stepchildren, grandchildren, each parent and adult sibling, adult former stepchildren from the last two years, the person primarily responsible for care, any current attorney, any social security representative payee, any guardian or conservator anywhere, any trustee or custodian, any VA fiduciary, any agent under a healthcare or financial power of attorney, anyone nominated as guardian by the respondent or by a parent or spouse in a will or record, and anyone known to have routinely helped the respondent decide things in the last six months. It must also describe the need, the alternatives considered, whether a limited or full guardianship is sought, and, if full, why limited is not appropriate.

3The court sets the hearing and appoints an attorney for the respondentOn filing, the court sets a date, time and place, and it shall appoint an attorney to represent the respondent regardless of the respondent's ability to pay.

On filing, the court sets a date, time and place, and it shall appoint an attorney to represent the respondent regardless of the respondent's ability to pay. Preference goes to an attorney who has represented the respondent before, if the court knows of one, or to an attorney the respondent asks for. That attorney has to interview the respondent in person, explain the petition, the proceeding, the respondent's rights and a guardian's powers in a way the respondent can understand, find out what the respondent actually wants, and advocate for it. Where the respondent's wishes cannot be determined, the attorney advocates for the least restrictive result in type, duration and scope. The court may also appoint a court liaison, who interviews the respondent and files an investigative report at least 10 days before the hearing.

4Serve the petition and notice personally on the respondentA copy of the petition and notice of the hearing must be served personally on the respondent, and the notice must inform the respondent of their rights at the hearing, including the right to an attorney and to attend, and describe the nature, purpose and consequences of granting the petition.

A copy of the petition and notice of the hearing must be served personally on the respondent, and the notice must inform the respondent of their rights at the hearing, including the right to an attorney and to attend, and describe the nature, purpose and consequences of granting the petition. This is not a technicality: the court may not grant the petition if notice substantially complying with that rule was not served on the respondent, and the appointment order itself must contain a specific finding, on clear and convincing evidence, that proper notice was given. Notice goes to the family and interested people listed in the petition as well; failure to notify them does not block an appointment. Notices under the act must be in at least 16-point font, in plain language, and where feasible in a language the person is proficient in, and general notice is due at least 14 days before the hearing.

5Get the examination and evaluation doneIf the petition or the evidence supports a prima facie case, the court shall order an examination and evaluation, done through a general hospital, psychiatric hospital, community mental health center or community developmental disability organization, or by a physician, psychiatrist, psychologist, physician assistant, nurse practitioner, social worker or other qualified professional the court appoints who has no stake in the outcome.

If the petition or the evidence supports a prima facie case, the court shall order an examination and evaluation, done through a general hospital, psychiatric hospital, community mental health center or community developmental disability organization, or by a physician, psychiatrist, psychologist, physician assistant, nurse practitioner, social worker or other qualified professional the court appoints who has no stake in the outcome. The report covers the respondent's condition, the nature and extent of cognitive and functional abilities and limitations, what the respondent can manage alone, with support, or not at all, the prognosis, prior assessments relied on, and the professional's own opinion on whether a guardian is needed and whether anything would keep the respondent from attending. It is filed at least five days before trial and made available to counsel. If a report already came with the petition and meets the requirements, the court may skip a further evaluation unless the respondent or their attorney asks in writing at least four days before trial.

6Hold the hearing, with the respondent presentThe hearing may not proceed unless the respondent attends.

The hearing may not proceed unless the respondent attends. If getting to the courthouse is not reasonably feasible, the court has to make reasonable efforts to hold the hearing somewhere convenient to the respondent or to let them attend by real-time audio-visual technology. It can go ahead without them only on clear and convincing evidence that the respondent is choosing not to attend after being fully informed, or that there is no practicable way for them to attend and participate even with support. The respondent may be helped by a person of their choosing, assistive technology, an interpreter or a translator, may present evidence, subpoena witnesses and documents, cross-examine the evaluator and the court liaison, and may have the hearing closed for good cause. The proposed guardian must attend unless the court excuses them.

7The order, and the findings it has to containAn order appointing a guardian for an adult must include a specific finding that clear and convincing evidence established the person's needs cannot be met by a protective arrangement or another less restrictive alternative including supportive services, technology or supported decision making, and a specific finding that proper notice was given.

An order appointing a guardian for an adult must include a specific finding that clear and convincing evidence established the person's needs cannot be met by a protective arrangement or another less restrictive alternative including supportive services, technology or supported decision making, and a specific finding that proper notice was given. A full guardianship order must state the basis and include findings showing a limited guardianship would not meet the adult's functional needs; a limited guardianship order must state the specific powers granted. The order also names everyone entitled to later notices, and a spouse and adult children are entitled to those unless the court finds notice would be contrary to the adult's preferences or prior directions or not in their best interest. The order sets a review hearing 90 days out.

8Qualify and get letters of officeAppointment is not authority.

Appointment is not authority. The court issues letters of office to a guardian only after the guardian files an acceptance of appointment, an oath or affirmation, evidence of completing a basic instructional program on the duties and responsibilities of a guardian, and a personal information sheet (which is not disclosed to the public). A conservator files the same plus any required bond or other asset-protection arrangement. Any limitation on the powers, or on the property covered, has to be written on the letters, and where there are co-fiduciaries the letters must say whether they act jointly or independently. Where the respondent has cognitive impairment or a diagnosis of Alzheimer's disease, dementia or a similar neurological condition, a 2026 amendment adds a further step before appointment: the proposed guardian completes a training program approved by the secretary for aging and disability services and files an affidavit of completion, unless the court waives it on the record in the respondent's best interest.

9Deliver the order and the statement of rightsWithin 14 days of appointment the guardian gives the adult and everyone noticed of the hearing a copy of the order.

Within 14 days of appointment the guardian gives the adult and everyone noticed of the hearing a copy of the order. Within 30 days the court or its designee gives the adult, the guardian and everyone entitled to notice a statement of the adult's rights and how to get relief if they are denied. That statement has to be in at least 16-point font and plain language, and where feasible in a language the adult is proficient in. It tells the adult they may seek termination or modification and choose their own attorney, file a grievance, be involved in decisions about care, dwelling, activities and social contact, keep the right to vote and to marry, be notified 14 days before a change of primary dwelling or a move to a restrictive facility and object to it, communicate and receive visitors, and receive and object to the guardian's plan and reports.

10File the guardian's plan within 60 daysA guardian for an adult files a plan for the adult's care within 60 days of appointment, and again on a significant change in circumstances or before deviating significantly from the existing plan.

A guardian for an adult files a plan for the adult's care within 60 days of appointment, and again on a significant change in circumstances or before deviating significantly from the existing plan. The plan covers the living arrangement, services and supports the guardian expects to arrange, social and educational activities, anyone the adult has a close relationship with and how visits will be facilitated, how often the guardian will visit and communicate, goals for the adult including restoring rights, whether the adult has their own plan and whether the guardian's is consistent with it, and what the guardian proposes to charge for each service. Notice and a copy go out at filing, with a statement of the right to object, and objections are due within 21 days. The court reviews the initial plan at the 90-day review hearing.

11Report every year, and file special reports when things changeA guardian for an adult files a report at least annually covering the adult's mental, physical and social condition, living arrangements, the supports and services provided and whether they are adequate, how often the guardian visited, actions taken, how much the adult participated in decisions, any conflict of interest, anything of more than de minimis value received from a provider, the current plan and any deviation from it, plans for future care, and a recommendation on whether the guardianship should continue or change.

A guardian for an adult files a report at least annually covering the adult's mental, physical and social condition, living arrangements, the supports and services provided and whether they are adequate, how often the guardian visited, actions taken, how much the adult participated in decisions, any conflict of interest, anything of more than de minimis value received from a provider, the current plan and any deviation from it, plans for future care, and a recommendation on whether the guardianship should continue or change. Special reports are due on a change of the guardian's address, a change in the adult's residence or placement, a significant change in health, the adult's estate reaching or passing $25,000, the adult's death, or a new conflict of interest. Notice and a copy go out within 14 days of filing, and the court reviews each report at least annually.

12Modify, restore rights, or end itThe adult, the guardian or anyone interested in the adult's welfare may petition to terminate on the ground that the basis for appointment no longer exists or that termination is in the adult's best interest, or to modify because the protection granted is not appropriate.

The adult, the guardian or anyone interested in the adult's welfare may petition to terminate on the ground that the basis for appointment no longer exists or that termination is in the adult's best interest, or to modify because the protection granted is not appropriate. The court must hold a hearing on such a petition, on a communication from the adult or an interested person, on a report suggesting the person's needs or supports have changed, or on its own determination that a hearing is in the adult's best interest. After the hearing the court shall order termination unless it is proven that a basis for appointment continues to exist, which puts the burden on continuing rather than on ending. An adult seeking termination has the right to choose their own attorney, and the court appoints one if they are unrepresented. Separately, a guardian has a standing duty to notify the court immediately if the adult's condition has changed so they can exercise rights previously removed.

How long it takes

Kansas front-loads the safeguards rather than the calendar. The act does not set an outer deadline for the hearing on an adult guardianship petition: the court sets the date on filing, so how fast an uncontested case reaches a hearing depends on the district's calendar. What the act does fix is everything around it. General notice is due at least 14 days before a hearing, the evaluator's report is filed at least five days before trial, and a request for a further evaluation is due at least four days before trial (and can push the trial up to 30 days). After appointment, the order goes to the adult within 14 days, the statement of rights within 30 days, and the guardian's plan within 60 days, with 21 days to object to it, and the court holds a review hearing 90 days after the order. Reports run annually after that. An emergency guardian can be appointed on probable cause and lasts at most 30 days, extendable up to three times for no more than 30 days each; where an emergency appointment is made without notice, notice goes out within 48 hours and the court holds a hearing within five days for an adult and within seven days for a minor. A contested case, an objection to the guardian's plan, or a court liaison investigation stretches the front end by weeks.

Hearing on an adult petition: The court sets the date, time and place on filing. The act sets no outer deadline, so the wait depends on the district court's calendar.
General notice before a hearing: At least 14 days, unless the section governing that particular hearing says otherwise
Evaluation report filed: At least 5 days before the trial, and made available to counsel for all parties
Request for a further evaluation: At least 4 days before the trial, in writing, with reasons and a named professional or facility
Continuance if a further evaluation is ordered: A new trial date not more than 30 days from the filing of the request
Court liaison report: At least 10 days before the hearing on the petition
Copy of the appointment order to the adult: Within 14 days after the appointment
Statement of rights to the adult: Within 30 days after the appointment
Plan filed by the guardian: Within 60 days after the appointment, and again on a significant change or a significant deviation
Objection to that plan: Within 21 days after the plan is filed
First review hearing: 90 days after the order of appointment is entered, to review the guardian's plan
Report filed by the guardian: At least annually, and at any other time the court directs
Notice of a filed report: Within 14 days after the report is filed
Emergency guardian maximum: 30 days, extendable up to three times for no more than 30 days per extension
Notice after an emergency appointment made without notice: Within 48 hours
Hearing after an emergency appointment made without notice: Within 5 days for an adult, within 7 days for a minor
Temporary substitute guardian maximum: 6 months
Objection window for a standby guardian: 30 days after service of the petition and statement
Standby guardian finding: No parent likely able or willing to care for or decide for the minor within 2 years of the appointment
Repeat termination petitions: The court may decline a hearing if a petition on the same or substantially similar facts was filed in the preceding 6 months
Repeat grievances: The court may decline to act if a similar grievance was filed in the preceding 6 months and was handled under the same procedure
Special report asset trigger: When the adult's estate reaches or exceeds $25,000
Extended minor conservatorship: To age 21, then two additional two-year periods

Alternatives to consider before guardianship

Durable Power of Attorney for Finances

The main way to keep money decisions out of court. Under the Kansas power of attorney act, K.S.A. 58-650 through 58-665, a principal may give an attorney in fact general powers to act in a fiduciary capacity for all lawful subjects or for named ones. Kansas is strict about durability, and this is the trap: a Kansas power of attorney is NOT durable automatically. The authority survives the principal's disability only if the document is denominated a durable power of attorney or contains the statutory durability sentence, AND is signed by the principal, dated and acknowledged in the manner the revised uniform law on notarial acts prescribes. A physically unable but competent principal may direct an adult designee to sign in the principal's presence before a notary. Recording is not required for validity, though a recorded power of attorney has to be revoked by a recorded revocation. Certain powers, including making or revoking a trust and making gifts, only exist if the document expressly enumerates them. A power of attorney executed on or after July 1, 2021 is sufficient if it substantially complies with the judicial council's form. The act's own definition of a less restrictive alternative names an agent under a power of attorney for finances, and a person nominated as conservator in one sits second in the court's priority list.

K.S.A. 58-650; K.S.A. 58-652; K.S.A. 58-654; K.S.A. 59-30,102(o); K.S.A. 59-30,169(a)(2)

Durable Power of Attorney for Health Care Decisions

The health-side counterpart, under K.S.A. 58-625 through 58-632. It is a power of attorney in which the principal designates an agent in writing and the writing says the authority is not affected by, or becomes effective on, the principal's later disability or incapacity. It does two jobs in the guardianship context. First, the act names an agent under a power of attorney for healthcare as a less restrictive alternative, and puts that agent third in the guardian priority list. Second, a nomination inside it binds the court: under K.S.A. 58-627(b) a principal may nominate a conservator or guardian in the document, and the court shall appoint in accordance with the most recent nomination except for good cause or disqualification. Know the flip side too: once a court appoints a guardian responsible for the principal's person, that guardian has the same power to revoke or amend the health care power of attorney that the principal would have had.

K.S.A. 58-625; K.S.A. 58-627; K.S.A. 59-30,102(o); K.S.A. 59-30,149(a)(3)

Living Will Declaration under the Natural Death Act

A declaration under K.S.A. 65-28,101 through 65-28,109 states in advance whether life-sustaining procedures should be withheld or withdrawn. It does not avoid a guardianship on its own, but it controls the single most consequential decision a guardian could otherwise face. A Kansas guardian making health care decisions shall act in accordance with a declaration the adult made under those sections, and a guardian may not consent to withholding or withdrawing life-saving or life-sustaining care except as the adult's own declaration or pre-existing durable power of attorney for health care decisions provides, or through a separate court process with a physician certification, a court-appointed attorney for the adult, a hearing within 72 hours and clear and convincing findings. Kansas also presumes an adult under guardianship has directed that nutrition and hydration sufficient to sustain life be provided, so a written directive is the only way to express a different wish.

K.S.A. 65-28,101; K.S.A. 59-30,154(f)(2); K.S.A. 59-30,155(c)(4); K.S.A. 59-30,155(d)

Supported Decision Making

Help from one or more people the person chooses, in understanding the nature and consequences of potential personal and financial decisions so the person can make them, and in communicating a decision once made. Kansas defines it in the act, names it in the statutory definition of a less restrictive alternative, and builds it into the appointment test: a guardian may be appointed only if the adult cannot meet essential requirements for physical health, safety or self-care even with appropriate supportive services, technological assistance or supported decision making. The court-ordered evaluation must summarize what the person could manage with that support, and a guardian who is appointed still has a duty to identify and facilitate supportive relationships and services and to report annually on the supports provided. Kansas does not prescribe a statutory supported-decision-making agreement or form.

K.S.A. 59-30,102(ii); K.S.A. 59-30,102(o); K.S.A. 59-30,141(a)(1)(A); K.S.A. 59-30,153(b)(3)

Representative Payee for Benefit Income

Where the only problem is that Social Security, VA or similar benefit money is not being managed safely, a representative payee handles that income without any court case. The Kansas act names appointment of a representative payee in its own statutory definition of a less restrictive alternative, so a court weighing a conservatorship has to consider it. It is a federal appointment made by the paying agency, not a Kansas court order, and it reaches only the benefit income, not other assets. The Kansas petition has to disclose any representative payee the social security administration has already appointed.

K.S.A. 59-30,102(o); K.S.A. 59-30,142(b)(3)(C)

Protective Arrangement Instead of Guardianship or Conservatorship

Kansas's newest alternative, and the one the court itself can reach for. On receiving a guardianship petition the court may order a protective arrangement instead, and the same is true of a conservatorship petition. Instead of handing anyone ongoing authority, the court authorizes or directs the specific thing that needs to happen: a medical treatment or a refusal of one, a move to a named place, visitation, or, on the financial side, establishing benefit eligibility, paying or depositing funds, a sale or lease, an annuity purchase, a care contract, funding a trust, ratifying or invalidating a transaction, or settling a claim. It can also restrict access by a person who puts the adult at serious risk of physical, psychological or financial harm. Anyone interested in the adult's welfare, including the adult, may petition for one directly, and the order can carry reporting requirements, time limits and a bond.

K.S.A. 59-30,196; K.S.A. 59-30,197; K.S.A. 59-30,198

Trust under the Kansas Uniform Trust Code

A revocable living trust holds and manages property through a trustee, and where the settlor becomes unable to manage their own affairs the successor trustee takes over without a court appointment. Kansas adopted the uniform trust code at K.S.A. 58a-101 et seq. In the guardianship act a trust shows up twice: the petition has to disclose any trustee or custodian of a trust the respondent benefits from, and a court ordering a protective arrangement instead of conservatorship may direct an addition to or the establishment of a trust as the transaction that solves the problem. A trust only covers property that was actually transferred into it, so it usually pairs with a durable power of attorney for anything left outside.

K.S.A. 58a-101; K.S.A. 59-30,142(b)(3)(E); K.S.A. 59-30,198(c)(1)(F)

Paying or Depositing a Minor's Money Without a Conservator

Kansas gives courts three routes that avoid a minor's conservatorship outright. A court holding or controlling money for a minor may authorize deposit of up to $100,000 in a bank, credit union, savings and loan or other authorized investment account, with no conservator and no bond, payable to a conservator if one is ever appointed or to the minor at 18. The same court may order payment of up to $25,000 to any person, including a parent, or to the minor, and where the recipient is anyone other than the minor the court orders them to hold it in trust and manage it for the minor. And a parent has the right and responsibility to hold in trust and manage all of a minor's personal and real property when the total does not exceed $25,000, so long as no guardian or conservator has been appointed.

K.S.A. 59-30,194; K.S.A. 59-30,193

Transfer to a Custodian under the Kansas Uniform Transfers to Minors Act

Anyone who owes funds or property to a minor, and does not know that a conservator has been appointed or a conservatorship case is pending, may transfer up to $25,000 in value in a 12-month period without any court involvement: to a person who has care or custody of the minor and lives with them, to a guardian for the minor, to a custodian under the Kansas uniform transfers to minors act (K.S.A. 38-1701 et seq.), or to a financial institution as a deposit in an interest-bearing account or certificate in the minor's own name. The transferor is not responsible for how it is applied. A recipient may apply it only to the minor's support, care, education, health or welfare, may not take a personal financial benefit beyond necessary expenses, and must preserve the rest and hand the balance to the minor at majority or emancipation. A uniform transfers to minors act account is also excluded from the property that triggers a minor conservatorship.

K.S.A. 59-30,192; K.S.A. 38-1701; K.S.A. 59-30,160(a)

Deposit of an Adult's Small Estate Without a Conservator

The adult counterpart to the minor's route. A court holding or controlling money that belongs to an adult subject to guardianship, in an amount not exceeding $25,000, may authorize its deposit in a savings account at a bank, credit union or savings and loan without appointing a conservator and without a bond. It is payable to the guardian where the court granted the guardian financial authority, to a conservator if one is later appointed, or to the adult when the guardianship ends. The same $25,000 line runs through the act: it is the ceiling below which a court may grant a guardian control over the estate and waive bond, and the point at which a guardian must file a special report.

K.S.A. 59-30,195; K.S.A. 59-30,155(f); K.S.A. 59-30,157(c)(4)

Host Family Power of Attorney for a Child

A Kansas route that lets a parent arrange temporary care for a child without a guardianship case. Under the host families act, K.S.A. 38-2401 through 38-2405, a child placement agency, or a Kansas charitable organization working under an agreement with one, may run a program that places a child with a screened host family, using the same screening and background checks a family foster home license requires. A parent places the child by executing a power of attorney delegating any of the powers over the child's care and custody, except consenting to marriage or adoption, an abortion, or termination of parental rights, and every person with legal custody has to consent. The delegation lasts no more than one year and may be renewed once, or for the term of active duty plus 30 days for a serving parent. It does not strip either parent of parental authority, the parent may revoke it at any time, and executing one is not evidence of abandonment, abuse or neglect. A host family may not be paid beyond reimbursement of actual expenses. The document is sufficient if it substantially complies with the judicial council's form.

K.S.A. 38-2401; K.S.A. 38-2403

Standby Guardian Nomination for a Minor

Planning, rather than filing, for a parent who can see a period of unavailability coming. A parent may nominate a standby guardian for a child in a signed record, and may revoke or amend that nomination at any time before the court appoints. The court appoints on a petition by the parent or the nominee and a finding that no parent is likely to be able or willing to care for or make decisions for the minor within two years, and it must appoint the parent's nominee unless that would be contrary to the child's best interest. Anyone entitled to notice has 30 days to object; if nobody does, the court may appoint without a hearing. The standby guardian holds no authority until no parent is willing or able, and then only after filing an acceptance and giving notice.

K.S.A. 59-30,134

Planning ahead: naming a guardian in advance

Naming a guardian in advance: Kansas lets you name your own future guardian before anyone needs one, and it lets a parent name a guardian for a child. For yourself, the nomination rides inside a power of attorney: K.S.A. 59-30,149 puts a person you nominated as guardian, including your most recent nomination made in a power of attorney, second in the court's priority list, ahead of your spouse, and the parallel conservator list gives the same place to a person you nominated in a power of attorney for finances. A nomination made in a durable power of attorney for health care decisions is stronger still. Under K.S.A. 58-627(b) the court shall make its appointment in accordance with your most recent nomination in that document, except for good cause or disqualification. Two practical notes. Kansas powers of attorney are not durable automatically: to survive your own incapacity a financial power of attorney has to be denominated a durable power of attorney or contain the statutory durability sentence, and it has to be signed, dated and acknowledged before a notary. And a court-appointed guardian charged with responsibility for your person gets the same power to revoke or amend a health care power of attorney that you would have had, which is one more reason to name the person you would actually want. For a child, a parent may nominate a guardian in a will or other record, and the court shall appoint that nominee unless it finds the appointment contrary to the child's best interest; a parent may also nominate a standby guardian in a signed record and revoke or amend it any time before the court appoints.

Guardianship costs

Court filing fee: $69.50. Kansas sets the probate docket fee by statute, and the guardianship, conservatorship and trusteeship lines are each $69.50, with a combined guardianship and conservatorship also $69.50 rather than double, under K.S.A. 59-104(a)(1). A 2026 amendment (2026 Kan. Sess. Laws ch. 35, approved April 3, 2026) left every figure in that table unchanged and authorized the supreme court to add up to $22 per docket fee for non-judicial personnel on and after July 1, 2026 through June 30, 2030, so the amount collected at the counter could be as much as $91.50 if the court imposes the maximum. Whether it has was not verified. A person who cannot afford the fee may file a poverty affidavit instead.
Annual report filing fee: No separate statutory docket fee. K.S.A. 59-104 charges the docket fee once when the case is opened and sets no line for the annual guardian's report or accounting; anything beyond it is assessed as additional court costs the court approves.
Attorney for the respondent: The court appoints an attorney for the respondent regardless of ability to pay, so this is not optional and not something a family can waive to save money. Unless otherwise compensated, that attorney is entitled to reasonable fees and expenses from the respondent's property, and the court may instead tax the cost to those bound by law to support the respondent, to other parties where that is just and equitable, or to the county of residence. Nationally, $1,000 to $3,000 is a common range for an uncontested appointment.
Attorney fees for the petition: $2,500 to $8,000 nationally for an uncontested adult guardianship, and materially more if a family member or the respondent objects. Kansas requires court approval before any such fee is paid out of the person's property, though not before the work is done, and a petition the court finds was filed in bad faith can leave the petitioner or the petitioner's counsel personally paying for the evaluation, the court liaison and attorney fees.
Medical or capacity evaluation: $300 to $2,000 nationally, depending on the clinician and the depth of the assessment. Kansas requires the court to order an examination and evaluation once the petition or the evidence makes out a prima facie case, and it may be done through a hospital, community mental health center or community developmental disability organization as well as by an individual professional, which is often the cheaper route. The cost is assessed as part of the proceeding under K.S.A. 59-30,119.
Guardian instructional program: No statutory fee. Letters of office do not issue until the guardian files evidence of completing a basic instructional program on the duties and responsibilities of a guardian, and the judicial council is the body that prepares that program. Neither K.S.A. 59-104 nor K.S.A. 59-30,108 sets a charge for it.
Dementia training for a proposed guardian: No statutory fee, and no published price. Where the respondent has cognitive impairment or a diagnosis of Alzheimer's disease, dementia or a similar neurological condition, 2026 Kan. Sess. Laws ch. 44 requires the proposed guardian to complete a training program approved by the secretary for aging and disability services and file an affidavit of completion before appointment, unless the court waives it on the record. The act directs the secretary to approve programs and maintain a list for courts and proposed guardians; no list or price was located.
Bond premium: Only conservators post one. The court sets the amount at the aggregate capital value of the conservatorship estate plus one year's estimated income, less property deposited under an arrangement requiring a court order to remove it and less real property, so a house does not inflate the premium. Roughly 0.5 percent of the bonded amount a year is a common national rate. There is no premium at all where the court waives the bond as unnecessary, where the conservator is a regulated financial-service institution qualified to do trust business in Kansas, or where the conservator is under contract with the Kansas guardianship program, in which case the Kansas department for children and families acts as surety.
Annual reporting: Little beyond the guardian's own time if the guardian prepares the report, and $500 to $2,500 a year nationally where an accountant or attorney prepares an accounting. Kansas requires an annual report on the adult's condition, living arrangements, supports and services, visits, conflicts of interest and any deviation from the approved plan, plus an accounting where the guardian was granted financial authority, and the court reviews each one at least annually.
Fee waiver: A poverty affidavit under K.S.A. 60-2001(b) waives the docket fee. In a contested proceeding the court may instead require a party to give security for costs or to file a poverty affidavit in place of it.

Costs vary by county and case. Verify current court fees with the local court.

Frequently asked questions

What is guardianship in Kansas?

What are the alternatives to guardianship in Kansas?

Less restrictive alternatives in Kansas include Durable Power of Attorney for Finances, Durable Power of Attorney for Health Care Decisions, Living Will Declaration under the Natural Death Act, Supported Decision Making. Courts generally must consider these options before appointing a guardian, because guardianship removes legal rights.

How long does the Kansas guardianship process take?

Do I need a lawyer to file for guardianship in Kansas?

Guardianship is a court proceeding that removes a person's legal rights, and it usually requires a medical or capacity evaluation and a formal hearing. Many families consult an elder-law or probate attorney before filing. Some Kansas courts publish self-help resources, but the evaluation and hearing rules make professional guidance worth discussing early, even for straightforward cases.

Guardian vs. conservator in Kansas: what is the difference?

Statutes and sourcesOfficial references used for this page

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Information current as of September 7, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Kansas can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.