Guardianship of a Child or Adult in Kansas
How to become a guardian of a child or an adult in Kansas: who can petition, the court process and alternatives.
Short answer: Since January 1, 2026, guardianship is governed by the Kansas Uniform Guardianship, Conservatorship and Other Protective Arrangements Act. K.S.A. 59-30,101, 59-30,104, 59-30,106, 59-30,128, 59-30,129, 59-30,131
| Guardianship of a child | Since January 1, 2026, guardianship is governed by the Kansas Uniform Guardianship, Conservatorship and Other Protective Arrangements Act. Any person interested in a minor's welfare, including the minor, may file a verified petition in district court, generally in the county where the minor lives or is present. After a hearing, the court may appoint a guardian if it is in the minor's best interest and each parent consents, parental rights have been terminated, there is clear and convincing evidence that the parents are unwilling, unable or unfit, or there is clear and convincing evidence of highly unusual or extraordinary circumstances. The court must appoint an attorney for the minor and may appoint one for a parent. The Kansas Judicial Branch lists the guardianship filing fee (adult or minor) as $91.50: https://self-help.kscourts.gov/Fees |
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| Guardianship of an adult | A person interested in an adult's welfare, including the adult, may petition the district court. The court may appoint a guardian only if it finds by clear and convincing evidence that the adult cannot meet essential needs for physical health, safety or self-care because he or she cannot receive and evaluate information or make or communicate decisions, even with supportive services, technology or supported decision-making, and that the needs cannot be met by a protective arrangement or another less restrictive alternative. The court may not order a full guardianship if a limited guardianship or other less restrictive alternative would work. The law names less restrictive alternatives including supported decision-making, technological assistance, a representative payee, and powers of attorney for health care or finances. The court must appoint an attorney for the adult. The prior Kansas guardianship act (K.S.A. 59-3050 et seq.) was repealed effective January 1, 2026. |
Where to get help in Kansas
More Kansas divorce & family law
- Getting a Marriage License in Kansas
- Adopting a Child in Kansas
- Establishing Paternity in Kansas
- Changing Your Name in Kansas
- Child Custody Laws in Kansas
- How Child Support Is Calculated in Kansas
- Alimony and Spousal Support in Kansas
- How to File for Divorce in Kansas
- Legal Separation and Annulment in Kansas
- All Kansas divorce & family law rules
FAQ
How do you get guardianship of a child in Kansas?
Since January 1, 2026, guardianship is governed by the Kansas Uniform Guardianship, Conservatorship and Other Protective Arrangements Act. Any person interested in a minor's welfare, including the minor, may file a verified petition in district court, generally in the county where the minor lives or is present. After a hearing, the court may appoint a guardian if it is in the minor's best interest and each parent consents, parental rights have been terminated, there is clear and convincing evidence that the parents are unwilling, unable or unfit, or there is clear and convincing evidence of highly unusual or extraordinary circumstances. The court must appoint an attorney for the minor and may appoint one for a parent.
How do you get guardianship of an adult in Kansas?
A person interested in an adult's welfare, including the adult, may petition the district court. The court may appoint a guardian only if it finds by clear and convincing evidence that the adult cannot meet essential needs for physical health, safety or self-care because he or she cannot receive and evaluate information or make or communicate decisions, even with supportive services, technology or supported decision-making, and that the needs cannot be met by a protective arrangement or another less restrictive alternative. The court may not order a full guardianship if a limited guardianship or other less restrictive alternative would work. The law names less restrictive alternatives including supported decision-making, technological assistance, a representative payee, and powers of attorney for health care or finances. The court must appoint an attorney for the adult.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.