Detailed Answer
Short answer: In Kansas, appointment as guardian of the person does not automatically make you guardian of the ward’s estate. The court treats the authority to make personal-care decisions (guardian of the person) and the authority to manage money and property (guardian of the estate or conservator) as separate roles. To obtain authority over a ward’s assets you generally must ask the court for a separate appointment as guardian of the estate (sometimes called a conservator) or be appointed to that role in a separate proceeding.
Legal basis and how Kansas handles the two roles: Kansas law separates responsibilities for personal care and for property management. The statutes and probate procedures address the appointment, powers, duties, bond, inventory and accountings for each role separately. See the Kansas statutes governing guardians and conservators (K.S.A. Chapter 59, guardianship and conservatorship provisions) for the controlling statutory framework: https://www.ksrevisor.org/statutes/chapters/ch59/.
What that means in practical terms:
- If the court appoints you only as guardian of the person, your authority is focused on personal decisions for the ward: where the ward lives, medical care, education, daily living needs and other personal-care decisions.
- You will not have the legal power to collect, spend, invest or otherwise manage the ward’s money or property unless the court also appoints you guardian of the estate (or conservator). Handling the estate without court authority can expose you to personal liability and removal by the court.
- If the ward has income (Social Security, pension, wages), bank accounts, real estate or other assets that need managing, you should petition the court for appointment as guardian of the estate (or for a separate conservatorship) so you can legally manage those assets and provide court-ordered accountings and bond if required.
Typical steps to obtain authority over the estate in Kansas:
- File a petition with the probate court requesting appointment as guardian of the estate (or for conservatorship) naming the proposed ward and describing assets and reasons for the appointment.
- Provide required notice to the proposed ward, close relatives and interested parties as the statutes require.
- Attend a hearing where the court evaluates whether the proposed ward is incapacitated as to property management and whether appointment is in the ward’s best interest.
- If appointed, the court will issue letters of guardianship/letters of conservatorship specifying the powers you have over the estate. The court may require you to post a bond, file an inventory of assets, and submit periodic accountings for review.
What the court may require of a guardian of the estate (common duties):
- File an inventory of the ward’s assets shortly after appointment.
- Safeguard and manage assets prudently, follow court orders and state law on investments and transactions.
- Obtain court approval for major transactions (selling real estate, large gifts, or unusual investments), unless the court’s letters grant specific powers.
- Keep records and file periodic accountings with the court.
- Avoid conflicts of interest and do not commingle estate funds with personal funds.
Temporary or emergency authority: If urgent action is needed for a ward’s finances, Kansas courts can consider temporary or emergency conservator/guardian-of-the-estate appointments. Emergency orders are limited in duration and usually require a subsequent full hearing to continue authority.
If you already are guardian of the person: Don’t assume you can manage the estate. Check the court’s letters of appointment. The letters will spell out your authorized powers. If they do not include estate-management authority, petition the court for the separate appointment before handling significant assets.
Where to look in statute and court resources (starting points):
- Kansas statutes addressing guardians and conservators (K.S.A. Chapter 59) and related probate rules: https://www.ksrevisor.org/statutes/chapters/ch59/.
- Kansas court self-help and probate pages (procedures, forms, and local rules) are available from the Kansas Judicial Branch website; check the probate/guardianship sections for your district.
Practical examples (hypothetical):
- Example A: You are appointed guardian of the person for an elderly parent who has dementia. The parent’s monthly Social Security checks go to their bank account. Without an estate appointment, you cannot legally change direct-deposit instructions, endorse checks, or pay bills from the parent’s account. To do those things, you must petition for authority over the estate.
- Example B: You are guardian of the person for a young adult with disabilities. The person owns a rental property. Selling or managing that property, collecting rent, and paying property taxes requires the court to appoint a guardian of the estate (or a conservator) or to grant you explicit authority in the estate appointment.
How to prepare before asking the court for the estate appointment
- Gather documentation of the ward’s assets: bank and investment statements, titles, deeds, pension/benefit records, and bills.
- Talk with likely interested family members and provide required notice when you file the petition.
- Be prepared to explain why appointment over the estate is necessary and how you will protect the ward’s finances.
- Expect the court to require an inventory, bond in some cases, and periodic accountings.
Disclaimer
This article explains general principles of Kansas guardianship and estate management. It is educational only and not legal advice. For advice about a specific situation, consult a licensed Kansas attorney or contact the probate court in the county where the proposed ward lives.
Helpful Hints
- Check the court’s letters of appointment immediately after any guardianship hearing—those letters state exactly what you may and may not do.
- If you need to access funds immediately for the ward’s care, ask the court for temporary emergency conservator authority—do not spend the ward’s funds without court permission.
- Keep estate funds in separate accounts and keep clear records of every transaction; the court will expect documentation and accountings.
- Expect to file an inventory soon after appointment and regular accountings as required by the court; missing filings can lead to sanctions or removal.
- Contact the probate clerk in the county court to learn local form names and filing procedures; local practice can affect timelines and required documents.
- Consider legal help for complex estates, real estate transactions, tax issues, or family disputes—the stakes and legal rules can be significant.