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.
Dan Goodman, KABC Executive Director, recently provided testimony to both the Kansas Department for Aging and Disability Services (KDADS) and the Kansas Department of Health and Environment (KDHE) during their Fiscal Year 2026 budget hearings. Our message was clear: Kansas must invest in systems that protect the dignity, independence, and well-being of older Kansans. Key Recommendations from KABC Protect Access to In-Home Services • Projected shortfalls of $27M in FY26 and $70M in FY27 threaten the HCBS Frail Elderly Waiver. • Without funding, older Kansans may face a waitlist for services, leading to premature nursing home placement. Strengthen Care Coordination • Frail Elderly, Physically Disabled, and Brain Injury waiver recipients currently lack dedicated case management. • KABC urged implementation of the long-overdue $20M Community Care Coordination Service. Improve Oversight & Resident Protections (KDADS) • Surveyor vacancies are near 50%, delaying inspections and weakening resident protections. • We called for wage increases and innovative staffing models to close gaps in oversight. Increase the Personal Needs Allowance • Nursing home residents in Kansas receive only $62/month for personal expenses. • KABC supports raising this allowance—closer to the $70 national average—and tying it to cost-of-living adjustments. Continue the Statewide Senior Resource Guide (KDADS) • KABC requested $150,000 to maintain and distribute the statewide guide annually. • This investment ensures older Kansans have access to accurate, trusted information on care and services. Why It Matters By 2030, more than 20% of Kansans will be age 65 or older. Budget decisions made today will directly impact whether older Kansans can age with dignity, safety, and independence. Read KABC’s full testimonies to KDADS here and KDHE here .
Steve shares his journey through multiple long-term care facilities after a major surgery, describing repeated medication errors, poor food quality, untrained staff, and systemic neglect. His story highlights how understaffing, weak oversight, and profit-driven management leave residents without advocacy and dignity.