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Affidavit Of Completion Of Basic Instructional Program (Guardians) - Kansas

Affidavit Of Completion Of Basic Instructional Program (Guardians) Form. This is a Kansas form and can be used in 18th Judicial District (Sedgwick County) Local District Court .
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BASIC INSTRUCTIONS FOR GUARDIANS January 1, 2009 Kansas Judicial Council American LegalNet, Inc. www.FormsWorkFlow.com Preface These basic instructions for guardians were prepared by the Guardianship and Conservatorship Advisory Committee of the Kansas Judicial Council and were approved by the Council in December 2008. The instructions constitute the basic instructional program concerning the duties and responsibilities of a guardian required by K.S.A. 2009 Supp. 593069(j). After reading these instructions, a proposed guardian should sign the affidavit of completion at the end of this booklet and file it with the court as evidence of completion of the basic instructional program. Table of Contents Definitions ....................................................................................................................... 1 Guardian's Powers and Duties ....................................................................................... 1 Responsibilities to the Court Required Training ................................................................................................. 3 Oath...................................................................................................................... 3 Letters .................................................................................................................. 3 Guardianship Plan ................................................................................................ 3 Guardian's Annual Report on the Ward's Condition ............................................ 3 Special Reports and Accountings......................................................................... 4 Reimbursement for Time and Expenses .............................................................. 4 Conflicts of Interest ......................................................................................................... 4 Additional Resources ...................................................................................................... 5 Sample Forms Sample Report on Condition of Guardian's Ward................................................ 6 Affidavit of Completion of Basic Instructional Program .......................................last page American LegalNet, Inc. www.FormsWorkFlow.com BASIC INSTRUCTIONS FOR GUARDIANS Definitions of Words You Need to Know: Guardian - A guardian is a person appointed by a court to act on behalf of a minor or impaired person, who is called a "ward." A guardian manages a ward's personal health, safety, and welfare. Ward - A ward is a person for whom a guardian has been appointed. A ward may be either a minor or an adult person with an impairment. Conservator - A conservator is a person appointed by a court to act on behalf of a minor or impaired person, who is called a "conservatee." A conservator manages a conservatee's property or "estate," such as money, personal and real property. Conservatee - A conservatee is a person for whom a conservator has been appointed. A conservatee may be either a minor or an adult person with an impairment. NOTE: Sometimes, a person is appointed as both a guardian and conservator. In that case, the person they are helping may be called either a ward or conservatee, or both. What Are a Guardian's Powers and Duties? A guardianship is a legal proceeding filed to protect an impaired person, who is called a "ward." After a hearing to determine whether a guardianship is necessary, a court order will be issued. Your attorney should provide you with a copy of that court order. A guardian manages a ward's personal health, safety, and welfare. If the court appoints you as guardian your job is separate from the duties of a conservator, though the court may appoint the same person to serve in both roles. As guardian you are always subject to the control and direction of the court. State law and the court define a guardian's power and set the rules to be followed when caring for the ward. At all times, a guardian is under the court's direction and control. A guardian must always act in the ward's best interest and use reasonable care and attention. EACH YEAR THE GUARDIAN MUST FILE A REPORT WITH THE COURT TELLING THE COURT ABOUT THE GUARDIAN'S ACTIONS AND THE WARD'S CONDITION. If the court authorizes a guardian to exercise authority over a ward's estate valued at less than $10,000, the guardian may have many of the same duties as a conservator, including filing an annual accounting with the court. In that situation, a guardian might find it helpful to read the booklet, "Basic Instructions for a Conservator," which includes a sample accounting form. 1 American LegalNet, Inc. www.FormsWorkFlow.com As a guardian, your job is to get to know the ward and the ward's family, friends, and care givers. You should use your authority only as needed and allow the ward to take part in decisions. You should consider the ward's personal desires and values when making decisions on the ward's behalf. You should encourage the ward to make decisions, develop skills for daily living, and do as much as the ward can on his or her own. The law does NOT require you as guardian to use your own personal money or other assets for support of the ward solely because you have been appointed as guardian. However, if you are the parent or spouse of the ward, you may have an independent duty to support the ward. You are not liable to other persons for the acts of the ward solely because you have been appointed as guardian. This means you are not responsible to any one else for something that the ward has done simply because you are the guardian. You should protect the ward's personal, civil, and human rights. The law requires that you MUST ALWAYS act in the best interest of the ward and exercise reasonable care, diligence, and good sense. As a guardian, you MAY generally take any of the following actions on behalf of the ward without getting additional court approval: 1. 2. 3. 4. 5. 6. 7. Take charge of the ward and provide for the ward's care, treatment, housing, education, support, and maintenance; Give or withhold consents for the ward except those listed below; Assure the ward is living in the least restrictive setting that meets his or her needs; Assure the ward receives medical and nonmedical care; Protect the health, safety, and welfare of the ward; Make necessary arrangements for the ward's funeral, burial or cremation; and Revoke a power of attorney. As a guardian, you may NOT take
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