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.

May 21, 2025
Choosing a long-term care facility for yourself or a loved one is one of the most important decisions you can make. Beyond basic safety and cleanliness, the right facility should support a person’s independence, dignity, and overall quality of life. To help you make an informed choice, here are five essential questions to ask, along with key follow-ups that can give you a deeper sense of what daily life will be like at the facility. 1. How does the facility support independence and person-centered care? Person-centered care means that residents are active participants in their care and daily routines. Ask: Can residents choose when to wake up and go to bed? Are meals and activities tailored to individual preferences? Is there flexibility for “early birds” and “night owls”? Look for signs that staff respect residents’ individuality—such as accommodating dietary preferences and encouraging participation in meaningful activities. 2. What medical and rehabilitation services are available on-site? Quality care goes beyond assistance with daily activities. Ask about: Access to hospice care and pain management Availability of wound care and ostomy specialists In-house physical, occupational, speech, and mental health therapies Staffing levels—how many nurses and aides are on duty at different times of day? These services can have a major impact on recovery, mobility, and comfort. 3. What is the atmosphere like during meals and activities? Daily life should be engaging and social. Ask to observe a meal or an activity session. Consider: Are residents out of their rooms and interacting with others? Do meals look appetizing and meet special dietary needs? Is assistance with eating provided promptly and respectfully? Also ask about field trips, volunteer involvement, and whether there is an active activities room or calendar of events. 4. What do current residents and families say about their experience? Talking to those already living in or visiting the facility can give you valuable insight. Ask residents: Do staff respond quickly when you call for help? Do you enjoy your meals and feel your privacy is respected? Are you involved in decisions about your care? Ask families: Are you promptly notified of any accidents or health changes? Do you feel comfortable raising concerns? Is there a Family Council and does the facility listen to it? 5. How transparent and responsive is the administration? A responsive leadership team is key to resolving issues and maintaining quality. When meeting with the Administrator or Director of Nursing, ask: How do you handle complaints? How are staff trained and how long do they typically stay? What’s your policy on resident rights, such as refusing treatment? You can also ask to review the admission contract, learn about costs and refund policies, and understand how care decisions are made if the resident is unable to speak for themselves. Want more questions to ask? Visit our full guide: Is This the Nursing Home to Choose?  It includes detailed sections on services, nursing care, residents' rights, and conversations to have with administrators, staff, and families. At Kansas Advocates for Better Care, we believe everyone deserves compassionate, dignified, and person-centered long-term care. Asking the right questions is the first step to getting it.
By Lenette Hamm May 1, 2025
Thanks to the dedicated advocacy of KABC and our coalition partners, Kansas has taken a major step forward in improving access to long-term care information. We’re thrilled to share that the Fiscal Year 2026 state budget includes $190,000 in dedicated funding for the creation of a comprehensive statewide senior resource directory , a direct result of our persistent efforts to ensure older adults and their families can navigate care options with confidence and clarity. Language in the approved budget bill reads: “That expenditures in an amount of not less than $190,000 shall be made by the above agency from such account during fiscal year 2026 to create a comprehensive statewide resource directory to provide essential information on long-term care options: And provided further, That such directory shall be accessible in an up-to-date online version as well as in a printable version.” This is a huge win for older Kansans, caregivers, and care professionals , and it builds directly on the success of local efforts like the Douglas County Senior Resource Directory . We know that when people have access to clear, trustworthy information, they are better equipped to make decisions that support dignity, independence, and well-being in aging. We are proud that our voice, and YOURS, was heard. From providing testimony, to meeting with legislators, to amplifying the call for this essential resource, this achievement belongs to all of us who believe that quality care begins with access to information. Next Steps: We’ll be working closely with the Kansas Department for Aging and Disability Services to support the development of this directory and ensure it meets the needs of Kansans statewide, both in print and online. T hank you for standing with us. This is advocacy in action and together, we’re making a difference.