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.

Kansas has announced that it is exiting the Money Follows the Person (MFP) program, citing a drastic reduction in and possible elimination of federal funding. According to the Kansas Department for Aging and Disability Services (KDADS), the state had planned to reinstate the program on July 1 after several years of inactivity. Instead, Kansas is now withdrawing from the program altogether. For many Kansans, this decision represents a significant missed opportunity. The MFP program was created to help states rebalance their long-term services and supports systems by making it easier for people to move from institutional settings, such as nursing facilities, back into homes and communities. The program provided funding for critical transition expenses, including home modifications, furniture, bedding, kitchen supplies, and other necessities that help make community living possible. At its core, MFP recognized a simple truth: most people want to live in their own homes and communities, not institutions. Research consistently shows that older adults overwhelmingly prefer to age in place. In an AARP survey, 75 percent of older adults reported wanting to remain in their homes as they age. Yet many feel they will eventually have no choice but to move into a facility because the supports needed to remain at home are unavailable or unaffordable. Programs like MFP help bridge that gap. When people remain in nursing facilities despite being able to live safely in the community, there are consequences, not only for the individual, but for the state as a whole. First, individuals lose autonomy and control over their daily lives. Living in the community allows people to decide when they wake up, what they eat, who they spend time with, and how they participate in their neighborhoods. These choices may seem small, but they are fundamental to dignity and quality of life. Second, unnecessary institutionalization can contribute to social isolation. People living in their own homes can remain connected to friends, family, faith communities, volunteer opportunities, and local activities. Community integration promotes both physical and emotional well-being. Third, keeping people in nursing facilities when they could thrive in the community often comes at a higher cost to the Medicaid system. Home and community-based services are frequently less expensive than institutional care while also aligning with what most people prefer. Helping individuals remain in the least restrictive setting can benefit both taxpayers and the people receiving services. Finally, programs like MFP help remove barriers that prevent people from exercising their right to choose where they receive care. Transitioning from a nursing facility to the community is often not as simple as opening the front door and leaving. Many individuals need assistance securing housing, obtaining household items, modifying their homes for accessibility, or coordinating services. Without dedicated funding and support, these barriers can become insurmountable. Kansas has made progress over the years in expanding home and community-based services, but significant challenges remain. Housing shortages, workforce shortages among direct care workers, and waiting lists for services continue to make community living difficult for many people. The loss of Money Follows the Person means one fewer tool available to help Kansans return home.





