Why Guardianship and Conservatorship Cases Don’t Happen Overnight

When a loved one begins to struggle with managing their health, safety, or finances, families are often faced with a difficult decision—whether to seek a guardianship or conservatorship through the Court. In both Kansas and Missouri, guardianship and conservatorship proceedings are designed to protect individuals who may no longer be able to make safe or informed decisions for themselves. But many families are surprised to learn that this process does not happen overnight.

What Is a Guardianship or Conservatorship?

A guardianship is typically requested when someone needs help making personal or medical decisions. This may include decisions about:

• Living arrangements

• Medical care

• Daily needs

• Safety and supervision

A conservatorship, on the other hand, usually involves financial matters. This may include help with:

• Paying bills

• Managing income

• Protecting property

• Handling investments

Sometimes, a family may request both at the same time.

Filing the Petition

The process usually begins by filing a Petition with the Probate Court in the county where the proposed ward or conservatee lives.

This Petition generally asks the Court to:

• Determine whether the person is in need of assistance

• Appoint a guardian and/or conservator

• Limit or transfer certain decision-making rights

The Petition must include information about the person’s condition and why help may be needed. Once the Petition is filed, the Court begins the process of reviewing the request.

Notice to Interested Parties

After the Petition is filed, the law requires that notice be given to certain people.

These may include:

• The proposed ward or conservatee

• Spouses

• Adult children

• Parents

• Other close relatives

• Any person currently helping with care or finances

This step is very important. The Court wants to make sure that anyone who may have an interest in the outcome of the case has an opportunity to be informed. In some situations, interested parties may support the request. In others, they may wish to object.

Providing notice can take time, especially when family members live in different cities or states, such as in Kansas City, Olathe, Independence, or even outside the metro area.

Service and Due Process

In addition to general notice, the proposed ward or conservatee must be formally served with legal paperwork. This is often done through personal service by a sheriff or special process server. Service ensures that the person whose rights may be affected is aware of the case and has the opportunity to:

• Attend the hearing

• Hire an attorney

• Ask questions

• Present evidence

This is part of what is known as due process. Due process is a legal principle that protects individuals from having their rights changed or limited without fair notice and an opportunity to be heard by the Court. Because guardianship and conservatorship can affect important personal freedoms, the Court takes this requirement very seriously.

Investigation or Evaluation

In many cases, the Court may appoint someone to meet with the proposed ward or conservatee and report back to the Court. This person may:

• Visit the individual at home

• Speak with family members

• Review medical information

• Make recommendations

The purpose of this step is to help the Court better understand the person’s needs before making any decisions.

Scheduling and completing this evaluation can add additional time to the process.

The Court Hearing

Once notice has been given and service has been completed, the Court will schedule a hearing. At the hearing, the Judge may consider:

• Medical or professional reports

• Testimony from family members

• The wishes of the proposed ward or conservatee

• Any objections from interested parties

If no one objects and the required information has been provided, the process may move more quickly. However, if concerns are raised or additional evidence is needed, the Court may schedule further hearings before making a final decision.

Why the Process Takes Time

Families are often eager to have someone appointed right away so they can help manage care or finances. But because the process involves legal rights, the Court must make sure that:

• Proper notice has been given

• Service has been completed

• The proposed ward or conservatee has had an opportunity to respond

• All interested parties have had the chance to be heard

Even in cases where everyone agrees, these steps must usually be followed.

Planning Ahead Can Help

Guardianship and conservatorship can be important tools for protecting a loved one who needs assistance.

Knowing that the process involves filing, notice, service, evaluation, and a hearing can help families better understand why the timeline may vary from case to case.

Disclaimer:

This blog post is provided for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship with The Probate Law Center. Guardianship and conservatorship laws vary by jurisdiction, and the facts of your situation may affect your legal rights and obligations. If you have questions regarding guardianship or conservatorship proceedings in Kansas or Missouri, you should consult with a qualified attorney licensed in your state.