Understanding Guardianship and Conservatorship in Kansas
March 24, 2025
When an older adult or someone with Alzheimer's, dementia, or any other serious health issue can no longer make safe decisions about their care or finances, guardianship or conservatorship may be needed. These legal arrangements help protect vulnerable individuals from neglect, abuse, or financial exploitation. However, they should only be used when other options are not effective.
What is Guardianship?
A guardian is a person appointed by the court to make legal decisions about an individual’s health, safety, and overall well-being. The person under guardianship is called a ward. Guardians help ensure their ward receives proper medical care, safe housing, and necessary services. Acquiring guardianship takes time. It involves enlisting the help of an attorney and testifying in court for guardianship proceedings. Not only does a guardian make health care and financial decisions, a guardian also makes sure the person's day-to-day needs for safety, food, shelter and care are met. Guardians are responsible to and supervised by the court.
What is Conservatorship?
A conservator
is appointed by the court to manage an individual’s finances and property. The person under conservatorship is called a conservatee. Conservators oversee bank accounts, pay bills, and make sure the conservatee’s assets are protected.
What Are the Responsibilities of a Guardian or Conservator?
- Guardians make decisions about healthcare, living arrangements, and personal needs.
- Conservators manage money, pay expenses, and handle financial matters.
- Both must always act in the best interest of the person they support.
- The law requires them to respect the wishes and values of the ward or conservatee as much as possible.
- Every year, guardians and conservators must submit reports to the court about the care and finances of the person they support.
Does a Guardian or Conservator Pay for Care?
No, guardians and conservators are not
required to use their own money to support the ward or conservatee. Medical bills, nursing home costs, and other expenses should be paid from the individual’s own funds or through available benefits.
Can a Guardianship or Conservatorship End?
Yes, the court may end guardianship or conservatorship if:
- The person regains the ability to make their own decisions.
- The need for guardianship or conservatorship no longer exists.
- The ward or conservatee passes away.
How to Become a Guardian or Conservator?
Anyone appointed after January 1, 2009, must complete a basic training program
before officially becoming a guardian or conservator.
For more information, visit the Kansas Guardianship Program website
or call 1-800-672-0086.
Understanding the Special Focus Facility (SFF) Program: What Families Need to Know When Choosing a Nursing Home in Kansas When searching for a nursing home for a loved one, families often look for a place that will offer safe, reliable, and compassionate care. One important—but often overlooked—resource that can help inform that decision is the Special Focus Facility (SFF) Program , managed by the Centers for Medicare & Medicaid Services (CMS). What Is the Special Focus Facility (SFF) Program? The SFF Program was created by CMS to address the most persistent quality problems in nursing homes across the country. Every nursing home that accepts Medicare or Medicaid is regularly inspected to ensure it meets health and safety standards. Most nursing homes will have a few issues identified during these inspections—typically six to seven deficiencies on average—but some facilities consistently fall far below acceptable standards. These nursing homes: Have twice as many deficiencies as the average facility, Have more serious issues , including those that cause actual harm to residents, And show a long-term pattern of poor performance over a span of about three years. Facilities like these may fix issues temporarily, but often fail to address the root causes—resulting in a harmful cycle of repeated violations. That’s where the SFF program comes in. How the SFF Program Works CMS uses inspection data to score nursing homes based on both the number and severity of their deficiencies. Facilities with the highest scores (i.e., the most and most serious problems) are added to a list of SFF candidates . Each state is allowed only a limited number of active SFFs at a time—currently, only 88 facilities nationwide can be enrolled in the program. However, CMS maintains a much longer list of SFF candidates that also meet the criteria but haven't yet been selected for the program due to space limits. Once a facility is chosen as an active SFF: It is inspected every six months instead of the usual once a year. It may face progressive enforcement , such as financial penalties or losing eligibility for Medicare and Medicaid. It must show real, lasting improvements to graduate from the program. A facility "graduates" from the SFF program only after it has two consecutive inspections (after being named an SFF) with no more than 12 relatively minor deficiencies and none at a higher severity level. If a facility continues to have serious violations, CMS may consider terminating its participation in Medicare and/or Medicaid. Why This Matters to Kansas Familie s Being informed about a nursing home’s history can help protect your loved ones. Facilities in the SFF program—or on the candidate list—have serious quality concerns. While some may be working hard to improve, others may continue to struggle with systemic issues that put residents at risk. As of March 2025, the following nursing homes in Kansas are included in the Special Focus Facility (SFF) program: Excel Healthcare and Rehab Topeka (recently closed) Access Mental Health (Peabody) The following facilities in Kansas are currently on the SFF candidate list : Clearwater Nursing and Rehabilitation Center Good Samaritan Society- Liberal Kearny County Hospital Long-Term Care Unit Legacy at College Hill (Wichita) Legacy on 10th Avenue (Topeka) Medicalodges Jackson County Medicalodges Post Acute Care Center (Kansas City) Meridian Rehabilitation and Health Care Center (Wichita) Riverbend Post Acute Rehabilitation (Kansas City) Tanglewood Nursing and Rehabilitation (Topeka) The following facilities graduated from the SFF program: Advena Living of Cherryvale Life Care Center of Osawatomie Anew Healthcare Oxford is a facility that is no longer participating in the Medicare and Medicaid Program. We encourage families to take time to research and ask questions when considering a nursing home. You can access the full national SFF and candidate list on the CMS website here . KABC offers free unbiased Consumer Information Reports on all licensed adult care facilities in Kansas, helping you make an informed choice when deciding between long-term care options. Final Thoughts The Special Focus Facility Program exists to push underperforming nursing homes to do better—but it’s also a signal to the public. When selecting long-term care, knowing whether a facility is on this list can be an important part of making the best choice for your loved one. If you have questions about how to find quality nursing home care in Kansas or want help understanding a facility’s inspection history, don’t hesitate to reach out to our team.
As we move further into 2025, we want to share an update on our legislative advocacy efforts this session. KABC remains committed to championing policies that protect and support older adults and individuals in long-term care. Here’s a look at key legislative developments and where things stand: