KS risk area
Guardianship risk in Kansas
How courts appoint guardians for minors when no plan is in place.
Kansas courts appoint guardians for minors after a hearing, with priority given to parental nominees and to a minor’s nominee if age 12 or older.
What happens to minor children immediately after a death?How does the court choose a guardian?How long can the guardianship process take?
At a glance
Key takeaways
- The court appoints a guardian after a hearing if the appointment is proper.
- A parent’s nominee in a will or other record has priority unless contrary to the minor’s best interest.
- If no parent nominee is appointed, a minor age 12 or older may nominate a guardian, subject to best-interest review.
- Guardianship orders must provide notice obligations to parents and other designated persons.
Questions to consider
Questions this risk area helps you evaluate in Kansas
- What happens to minor children immediately after a death?
- How does the court choose a guardian?
- How long can the guardianship process take?
State overview
Kansas courts appoint guardians for minors after a hearing, with priority given to parental nominees and to a minor’s nominee if age 12 or older.
- The court appoints a guardian after a hearing if the appointment is proper.
- A parent’s nominee in a will or other record has priority unless contrary to the minor’s best interest.
- If no parent nominee is appointed, a minor age 12 or older may nominate a guardian, subject to best-interest review.
- Guardianship orders must provide notice obligations to parents and other designated persons.
- Older minors may nominate a guardian, subject to court approval.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
- Courts rely on best-interest findings when appointing a guardian.
- Notice and hearing requirements apply before appointment.
Sources
Risk sources
- Uniform Probate Code (2019) - Protection of persons under disability
Article V provides model guardianship and conservatorship rules.
- Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA)
Modern standards for guardianships and protective arrangements.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Interstate jurisdiction and transfer rules for guardianships.
National sources provide baseline context; state statutes and court rules control in Kansas.