Guardianship Plan For The Care Of The Ward

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.

Guardianship Plan For The Care Of The Ward 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:

The Court may require the Guardian to file a plan or if not required, the Guardian may file a plan voluntarily. The Court may set a date for the plan to be filed after the Guardian is appointed, qualified and letters issued, otherwise the Guardian may file the plan at any time. Upon the filing the Court may require the Guardian to give a notice of the filing along with a copy of the plan to such parties as the Court may direct. Any interested party may request that the Court conduct a hearing. After the hearing, the Court may approve the plan or require the Guardian to amend or withdraw the plan. If the annual report required in K.S.A. 59-3083 shows that the Guardian has deviated from the plan, the Guardian must explain the deviation and the reason for it. The Court may require the Guardian to amend the plan at that time. K.S.A. 59-3084. See Form 504 for required cover sheets and information about the use of personal identifiers in pleadings.

Atticus Fast Facts About Guardianship Plan For The Care Of The Ward

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Guardianship Plan For The Care Of The Ward:

• This form pertains to the State of Kansas

• The relevant probate statute or Kansas laws related to this form include: K.S.A. 59-3067, K.S.A. 59-3076, K.S.A. 59-3084, S. Ct. Rule 123

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 2721 - Guardianship Plan For The Care Of The Ward 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 2721, 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 2721 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 2721 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 Guardianship Plan For The Care Of The Ward 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 2721 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 2721, and when in doubt— consult a qualified trust & estates lawyer for that area.

Guardianship Plan For The Care Of The Ward 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 2721 - Guardianship Plan For The Care Of The Ward 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.

Guardianship Plan For The Care Of The Ward 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 2721 - Guardianship Plan For The Care Of The Ward. You can use this to get an idea of the context of the form and what type of information is needed.

2011 2700-4\\u0018 Kansas Probate Forms 3d 2721 (CAPTION) GUARDIANSHIP PLAN FOR THE CARE OF THE WARD Jane Doe, who resides at 227 Yale Street, Hometown, Arapaho County, Kansas, [proposed guardian in the above entitled matter, submits the following plan for the care of the proposed ward which is attached to the Petition for the Appointment of a Guardian and Conservator] or [guardian appointed in the above entitled matter on October \\u0018, 20\\u00180, voluntarily submits the following plan for the care of the ward] or [guardian appointed in the above entitled matter on October \\u0018, 20\\u00180, in accordance with the order of this Court, submits the following plan for the care of the ward]: \\u0018. The name, age, residence and present whereabouts and residence of the ward are: Name: John Doe Age: 68 years Year of Birth: \\u0018943 Present Whereabouts: Brown Nursing Home, 224\\u0018 SE 33 rd Street, Apt. #2, Hometown, Arapaho County, KS 66648 Residence: (same as above) 2. The names and addresses of the ward’s spouse, adult children, adult grandchildren, parents and adult siblings, to the extent known are: Name Address Relationship Mary Doe, wife of John Doe, is deceased Robert Doe \\u0018225 SE \\u00185 th Street, Tempe, AZ 8528\\u0018 Brother James Doe \\u00185\\u00185 West \\u00180 th Street, Tempe, AZ 85280 Son 3. A summary of the ward’s abilities and limitations is as follows: Mental Health John Doe saw a psychiatrist on June \\u00185, 20\\u0018\\u0018. He has been diagnosed with dementia in the form of anxiety and paranoid ideations. He has been 2011 2700-42 Kansas Probate Forms 3d prescribed Aricept to improve his recall, which will hopefully ease his anxiety and paranoid ideation, both symptoms of his dementia. Because of his mental impairment, John Doe is not capable of determining his need for mental health care. If John Doe experiences psychiatric symptoms he will see his psychiatrist to determine whether a medication or environmental change is necessary. Physical Health John Doe presently in in good physical health. He has a scheduled appointment with an ophthalmologist because he was previously diagnosed with glaucoma. The guardian is responsible for medical consents when necessary; however, John Doe will be involved in decisions regarding most aspects of his care. John Doe has become a patient of Dr. J.S. Smith and he will become John Doe’s regular physician. Paul Brown, his case coordinator and private home support person visits John Doe and assist with his appointments. Ability to meet his essential needs and to otherwise manage his own affairs. At this time John Doe is being evaluated to determine his ability to live in assisted living in a community of his choice. If the evaluation shows that he can live successfully in the community, John Doe will be involved in the selection of his new residence. John Doe and his guardian, Jane Doe, will decide where he will live. He will need assistance with managing his money, paying bills, cooking meals, and laundry. He can, if reminded, take care of his personal hygiene. He does not have the ability to independently manage his finances. He has the ability to handle funds under $25.00 as long as it is in $\\u0018.00 bills. Based on his abilities, he will be given a weekly allowance of $25.00 for him to spend as he chooses. He is directed to use his spending money in a variety of businesses that I know will not take advantage of his limited abilities. He has established a small charge account at these businesses that has taught him to budget his spending money. He also gets to keep the money he earns from mowing yards in order to pay for his gas, oil and minor repairs to his equipment. Any major repairs have to be reported to me before he takes it in to the shop. We will discuss the repair, the cost of repair and the advisability of replacing as opposed to repairing. His mowing money usually just covers his costs. Any money he earns from his other job is turned into me for deposit in his savings account. This way, I keep track of the amount he earns and whether it will jeopardize 2011 2700-43 Kansas Probate Forms 3d his assistance received from Social Security. These funds are used then to purchase airline tickets for trips to see his half sisters and their families at Thanksgiving and Christmas. As he does not understand how to invest money, I will make all investments of his limited funds in safe investments such as certificates of deposits. I will take him to the grocery store and clothing store to help him select items in his price range and to pay for these items from his checking account. I will deposit his Social Security check and pay his rent and utilities. We will discuss the use of his utilities in order to be sure he does not create bills beyond his ability to pay. 4. Guardian’s personal acquaintance with the ward and interested parties. Because the Guardian is the Ward’s daughter, she is acquainted with him as well as interested parties. 5. Care, treatment, habilitation, education, support and maintenance of the ward: A. Plan regarding the ward’s participation in educational and vocational services necessary for the physical and mental welfare of the ward and to return the ward to full capacity. John Doe graduated from high school but has received no other education or training. John Doe is neither employed nor involved in educational programs. He prefers to spend his time thinking about his current situation, watching TV, and visiting with staff. Should he wish for such training in the future, he can contact Vocational Rehabilitation Services. He is capable of determining, with counseling, what he would like to seek for vocational training. B. Plan regarding the ward’s participation in employment activities. John Doe has not received vocational training although he has graduated from high school. At this time he has few skills that would assist him in gaining employment. John Doe prefers to wait until his residential placement is determined and then seek vocational training. He is capable of determining, with counseling, what he would like to gain in vocational skills and future employment. 2011 2700-44 Kansas Probate Forms 3d C. Plan regarding the ward’s participation in volunteer situations. John Doe has not expressed an interest in becoming a volunteer. Should he decide to do so in the future, he has the ability to determine the type of volunteer work in which he wishes to participate. D. Plan regarding the ward’s ability to travel, including use of a car. John Doe is limited in his ability to travel because of his limited financial situation. If he wishes to take an overnight trip, he will need to consult his guardian to arrange for financial resources. He does not have a driver’s license at this time. Because of his glaucoma, it is doubtful that he would be able to drive in the future. Should he wish to obtain a driver’s license, he will need to consult his optometrist and guardian. E. Plan regarding application for health and accident insurance and any other private or governmental benefits to which the ward may be entitled to meet any part of the costs of medical, mental health, or related services provided to the ward. John Doe has Medicare medical insurance parts A and B. No health or accident insurance has been requested at this time. F. Plan regarding control of the estate and income of the ward to pay for the cost of services that the guardian is authorized to obtain on behalf of the ward. John Doe currently receives Social Security as his source of income. John Doe is not eligible for payment assistance other than SS. Valuation is as follows: A. MONTHLY INCOME ANNUAL INCOME \\u0018. Real Estate $ None $ NONE 2. Social Security $ 552.00 $ 6,624.00 3. Interest payments $ \\u00185.00 (quarterly) $ 75.00 B. CASH, BANK ACCOUNTS AND CERTIFICATES OF DEPOSITS \\u0018. Checking account at Hometown Bank & Trust $ \\u001850.00 2700-45 Kansas Probate Forms 3d 2. Savings Account at Hometown Bank & Trust $ \\u001850.00 C. MISCELLANEOUS PROPERTY \\u0018. Household furniture and furnishings $ 200.00 6. Please check the appropriate box below if the ward is receiving benefits from any of the following: the Social Security Administration, Medicare, Medicaid, Veterans administration, retirement funds from a corporation, 40\\u0018K or IRA or benefits from the State of Kansas or any other public agency or private resource. Yes X No 7. Please check the appropriate box below if the Ward is eligible to receive but is not yet receiving any benefits from the public agencies or private resources listed in question 5 above. Yes No X 8. Describe the steps you have taken or will take to secure any benefits the Ward is entitled to receive from any of the public agencies or private resources described in question 6 above and the anticipated date by which you will accomplish the plan. N/A 9. Describe the steps you have taken or are planning to take to protect the Ward’s eligibility to continue to receive the benefits from the public agencies or private resources listed in question 6 above. All benefits and any salary earned by the Ward paid into the joint checking account for the Ward and myself. This account requires both our names on any checks written on the account. I will be educated in the amount of gross wages that John may make before his benefits are adversely affected. With the money being deposited in the checking account, I can monitor these funds. If at any time John does get near a point where his funding is jeopardized, I will discuss with John and any potential employer the situation and find a solution to keep his benefits from being terminated or reduced. The appropriate agency will be contacted if it appears that John’s earnings will be over the legal limit allowed. 2015 2700-46 Kansas Probate Forms 3d Dated: JANE DOE Guardian Reference K.S.A. 59-3067; 59-3076; 59-3084; S. Ct. Rule \\u001823. Comment The Court may require the Guardian to file a plan or if not required, the Guardian may file a plan voluntarily. The Court may set a date for the plan to be filed after the Guardian is appointed, qualified and letters issued, otherwise the Guardian may file the plan at any time. Upon the filing the Court may require the Guardian to give a notice of the filing along with a copy of the plan to such parties as the Court may direct. Any interested party may request that the Court conduct a hearing. After the hearing, the Court may approve the plan or require the Guardian to amend or withdraw the plan. If the annual report required in K.S.A. 59-3083 shows that the Guardian has deviated from the plan, the Guardian must explain the deviation and the reason for it. The Court may require the Guardian to amend the plan at that time. K.S.A. 59-3084. The example set forth above follows the minimum requirements of K.S.A. 59-3076. If there is a change in the status of the ward, the Guardian should file a revised plan with the court to reflect that change. This filing may occur at any time deemed appropriate by the Guardian. See Form 504 for required cover sheets and information about the use of personal identifiers in pleadings. 2015