Basic Instructions For Guardians

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Basic Instructions For Guardians is a commonly used form within Kansas. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

These basic instructions for guardians were prepared by the Guardianship and Conservatorship Advisory Committee of the Kansas Judicial Council. After their original publication in January 2009, the instructions were revised and updated in June 2015 and again in 2017. The instructions constitute the basic instructional program concerning the duties and responsibilities of a guardian required by K.S.A. 59-3069(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.

Atticus Fast Facts About Basic Instructions For Guardians

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Basic Instructions For Guardians:

• This form pertains to the State of Kansas

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Kansas’s Form Basic Instructions For Guardians up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Kansas form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Kansas probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Basic Instructions For Guardians, take a break, and then review. Probate and estate settlement processes in KS are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Basic Instructions For Guardians online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Basic Instructions For Guardians to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Kansas.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster Kansas can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Kansas. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Kansas is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Kansas probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Kansas probate clerk or court for exact answers regarding Form Basic Instructions For Guardians, and when in doubt— consult a qualified trust & estates lawyer for that area.

Basic Instructions For Guardians is one of the many probate court forms available for download through Atticus.

It may also be available through some Kansas probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Kansas.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Basic Instructions For Guardians f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Kansas probate court office.

Basic Instructions For Guardians is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Kansas-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Kansas Form Basic Instructions For Guardians. You can use this to get an idea of the context of the form and what type of information is needed.

Kansas Probate Forms 3d BASIC INSTRUCTIONS FOR GUARDIANS January 1, 2009 Revised and Updated -2017 Kansas Judicial Council 2017 Kansas Probate Forms 3d Preface These basic instructions for guardians were prepared by the Guardianship and Conservatorship Advisory Committee of the Kansas Judicial Council. After their original publication in January 2009, the instructions were revised and updated in June 2015 and again in 2017. The instructions constitute the basic instructional program concerning the duties and responsibilities of a guardian required by K.S.A. 59-3069(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 .................................................................................................4 Oath .......................................................................................................................4 Letters ...................................................................................................................4 Guardianship Plan .................................................................................................5 Guardian’s Annual Report on the Ward’s Condition ............................................5 Special Reports and Accountings ..........................................................................5 Reimbursement for Time and Expenses ...............................................................6 How a Guardianship Ends ................................................................................................6 Conflicts of Interest ...........................................................................................................6 Additional Resources ........................................................................................................7 Sample Forms Sample Report on Condition of Guardian’s Ward ................................................8 Affidavit of Completion of Basic Instructional Program ......................................last page 2017 2015 Kansas Probate Forms 3d 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 a minor, an adult person with an impairment, or a person who has voluntarily requested a conservatorship. 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? The basic duties, responsibilities, powers and authorities of guardians are defined by statute and can be found at K.S.A. 59-3075. The following is a general overview. A guardianship is a legal proceeding filed to protect an impaired person, who is called a “ward.” 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. 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. 1 2015 Kansas Probate Forms 3d 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. 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 a personal duty to support the ward. For example, each parent has a legal duty to support his or her minor child by paying the ordinary expenses of the child’s care, treatment, housing and education. 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 anyone 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. 2 2015 Kansas Probate Forms 3d A guardian has the following general duties, responsibilities, powers and authorities, which may be exercised without getting additional court approval: 1. If the ward is a minor, to have custody and control of the minor and to provide for the minor’s care, treatment, housing, education, support and maintenance; 2. If the ward is an adult, to take charge of the person of the ward and to provide for the ward’s care, treatment, housing, education, support and maintenance; 3. To consider and either provide on behalf of the ward necessary or required consents or refuse the same (e.g. release of medical records; consent to services and supports provided); 4. To assure that the ward lives in the least restrictive setting that meets the ward’s needs and is reasonably available; 5. To assure that the ward receives all necessary and reasonably available medical care or services to preserve the ward’s health. This also includes assisting the ward to develop or retain skills and abilities; 6. To consent to experimental procedures only if approved by an institutional review board or committee; 7. To protect the health, safety and welfare of the ward; 8. To revoke a durable power of attorney for health care decisions; and 9. To make necessary arrangements for the ward’s funeral, burial or cremation. As a guardian, you may NOT take any of the following actions UNLESS the supervising court issues a written order approving the action(s): 1. Consent to adoption of the ward; 2. Consent to any psychosurgery, organ or limb removal except in a life threatening emergency or to prevent lasting impairment to the ward’s physical health; 3. Consent to sterilization of the ward; 4. Consent to withholding or withdrawal of life-saving medical care unless the ward previously made a written advance directive (living will, durable power of attorney for health care decisions, or similar document) that meets legal requirements; 5. Have any control over the ward’s property, unless the Letters of Guardianship authorize you to do so AND the value of the ward’s property is less than $10,000; 3 Kansas Probate Forms 3d 6. Place the ward in a psychiatric treatment facility; 7. Access digital assets of the ward, such as online accounts, pictures and music stored electronically, social media accounts, etc.; 8. Pay the guardian or the guardian’s attorney a fee; or 9. Dispose of property after the ward’s death. As a guardian, you may NEVER take any of the following actions: 1. Prohibit the marriage or divorce of the ward; or 2. Consent to termination of the ward’s parental rights. What Are a Guardian’s Responsibilities to the Court? Required Training Before you are appointed as guardian, you must complete a basic training program about the duties and responsibilities of a guardian. Reading this booklet meets that requirement. At the end of this booklet, you will find an affidavit of completion of the basic training program (a form stating you have read the booklet). When you finish reading this booklet, you should sign the affidavit and file it with the court to prove that you have completed the program. You should also keep this booklet for future reference. Oath When you are appointed as guardian, the court will require that you file an oath or affirmation stating that you will faithfully, impartially and to the best of your ability fulfill all duties assigned by the court. The oath must be in writing and signed before a notary or the judge. Letters After you have filed your oath and affidavit of completion of the basic training program, the court will issue Letters of Guardianship. This document gives you the authority to carry out your legal duties. You should ask for a certified (legal) copy of the original document, which is on file with the court. You should keep the certified copy in a safe place and provide copies of the Letters of Guardianship to anyone you deal with who provides services to the ward. 4 2017 2015 Kansas Probate Forms 3d Guardianship Plan In some cases, the court may require, or your attorney may suggest, that you file a guardianship plan. A guardianship plan might include provisions about where a ward will live and what kinds of decisions the ward will be allowed to make on his or her own, and, if no conservator has been appointed, how the ward’s financial assets will be used. Guardianship plans are most useful in situations where the ward is capable of making some decisions independently. Guardian’s Annual Report on the Ward’s Condition Because the court needs to know where the ward is living and how the ward is doing, a guardian must file a report on the ward’s condition every year. This report is required even if there is no change in the ward’s condition. The reporting period usually starts when the guardian is appointed and covers a 12-month period of time, unless the judge orders a different reporting time period. If a guardian fails to file the required annual report, the court may compel the guardian to appear and take actions to remove that person as guardian. A sample of the annual report is included at the end of this booklet. Special Reports and Accountings A guardian must file a special report or accounting with the court if any of the following occurs: 1) a change of address of the guardian; 2) a change of residence or placement of the ward; 3) a significant change in the health or impairment of the ward; 4) if the ward acquires any real property, or if the ward receives or accumulates other property or income which causes the total value of the ward’s estate to equal or exceed $10,000; 5) a change in the circumstances of the guardian or ward that may constitute a conflict of interest; or 6) the death of the ward. You should also inform the court if your telephone number or email address changes. If the ward dies, you will need to complete a final report on the ward’s condition so that the court can close the case. 5 2015 Kansas Probate Forms 3d Reimbursement for Time and Expenses The court must approve in advance any reimbursement to the guardian for expenses and time spent on official duties. If you want to be paid back for your time and expenses, you must keep a detailed timesheet of time spent and a detailed record of expenses incurred. Many guardians do not claim such expenses, especially if the ward is a family member, and perform their duties out of love and affection. If you want to receive reimbursement, you should talk to your attorney and bring this up preferably at the first court hearing. How Does a Guardianship End? A guardianship never ends automatically. The court may end a guardianship for a number of different reasons, including when the need for it no longer exists, when the ward has turned 18 (and was not determined to be a minor with an impairment), or when the ward has died. At any time, any person including the ward may file a petition asking the court to end the guardianship for any of the reasons listed above. The court may also end a guardianship because the ward is no longer impaired. At any time, the ward may file a petition asking the court to find that he or she is no longer impaired and requesting to be restored to capacity. If the court ends a guardianship, the court will enter appropriate orders to close the case. What are Conflicts of Interest? A conflict of interest happens when your personal or financial interests as guardian go against those of the ward or where your actions appear to be self- serving (for your own benefit). For example, it would be a conflict of interest for a guardian to get a loan from or buy property belonging to the ward’s estate. It could also be a conflict of interest for a guardian to work in the same facility where the ward lives. Whenever you think you might have a conflict of interest, even if you are not sure, report it to the court. Just because you may have a conflict of interest does not mean you cannot serve as guardian, as long as you keep the court informed. 6 2015 Kansas Probate Forms 3d Additional resources: If you have questions about any of your duties as a guardian, ask your attorney. Additional resources, including blank forms for guardian’s reports, can be found on the Kansas Judicial Council’s webpage at: www.kansasjudicialcouncil.org 7 2015 Kansas Probate Forms 3d IN THE 32nd JUDICIAL DISTRICT DISTRICT COURT OF APACHE COUNTY, KANSAS In the Matter ) of the (Guardianship) ) Samuel G. Crown ) Case No. ) ) Proceeding Pursuant to K.S.A. Chapter 59 X ANNUAL FINAL REPORT ON THE CONDITION OF THE GUARDIAN’S WARD From July 01, 2013 to June 30, 2014 Marjorie Crestone 3299 Smithville Road, Apt #4 Name Address Sanesville, KS 66666 (785) 999-7100 mcrestone@gmail.com City & Zip Code Telephone Number Email Address guardian in the above-entitled estate submits the following annual report on the condition of Samuel G. Crown 1942 Name Year of Birth 1. The ward resided at the following places during the reporting period: 39 Solar Haven Rd, Sanesville, KS 66666. Own home. 22 years. (address) (Type of Residence) (Length of stay) 2. State the approximate number of times the guardian has contact with the ward, the nature of such contacts, and the date the ward was last seen by the guardian: Guardian visits ward in his own home approximately two to three times per month. Guardian checks on the ward’s health status, sufficient groceries, household and personal care items, and the home cleanliness, maintenance and upkeep. 3. Summarize the medical, social, educational, vocational and other professional services received by the ward during the reporting period: Samuel is retired. He is recuperating from recent hip surgery and receives bi-weekly physical therapy; he takes medications for diabetes, high blood pressure, heart disease and pain associated with osteoporosis. He has monthly doctor appointments to monitor medications. Additionally, a home health nurse visits weekly to set up his medications. Samuel reads, watches TV and enjoys activities at the senior center and periodic visits from his great-niece who lives out of state. 8 2015 Kansas Probate Forms 3d 4. If the ward is institutionalized, the results of an investigation into the nature and appropriateness of the ward’s care and treatment are as follows: Ward lives in his own home. Following hip surgery in August 2013, he recuperated for three weeks in a local nursing home after which he was able to return home. 5. What changes in the mental or physical condition of the ward has the guardian observed? During the past year, Samuel experienced several episodes of memory lapses for which he is now receiving medication. The doctor indicates Samuel is in early stages of Alzheimer’s disease. He had hip replacement surgery in August 2013 and now is able to walk using a cane. Other medical conditions are stable. 6. What major problems relating to the guardianship, if any, have arisen during the reporting period? A former neighbor who had exploited Samuel attempted to reintroduce himself into Samuel’s life. Guardian secured a restraining order against the person. No other problems were experienced. 7. In the opinion of the guardian, does the guardianship need to continue, and is it necessary to increase or decrease the powers of the guardian? The guardian has advocated and provided consents regarding health care, home maintenance and freedom from exploitation. Guardianship should continue with the current powers. 8. State compensation requested and expenses incurred by the guardian: Refer to itemized list attached. 9. What circumstances, if any, have arisen during the reporting period that could constitute a conflict of interest between the guardian and ward? None. 10. Other information required by the court is: I declare under penalty of perjury under the laws of the state of Kansas that the foregoing is true and correct. Executed on June 30, 2014. Guardian 9 2015 Kansas Probate Forms 3d IN THE JUDICIAL DISTRICT DISTRICT COURT OF COUNTY, KANSAS In the Matter of the ) Guardianship of ) ) Case No. _________ ) ) Proceeding Pursuant to K.S.A. Chapter 59 AFFIDAVIT OF COMPLETION OF BASIC INSTRUCTIONAL PROGRAM I declare that I have received and reviewed the Basic Instructions for Guardians and kept a copy of those Instructions. I acknowledge that, as guardian, I have the duties and responsibilities described in the Instructions. I declare under penalty of perjury that this is true and correct. Executed on this _____ day of ____________, _____. Signature Please Print Your Name Address Telephone Number Email Address