THESE FORMS MUST BE FILED IN THE PROBATE

Transcription

GUARDIANSHIP PACKETINSTRUCTION FOR FILING FOR GUARDIANSHIP OF MINOR CHILDIN THE EVENT OF MULTIPLE CHILDREN WITH DIFFERENT PARENTS YOUMUST FILE SEPARATE GUARDIANSHIP CASES FOR EACH CHILD THESE FORMS MUST BE FILED IN THE PROBATEDEPARTMENT OF THE DISTRICT COURT, SEDGWICK COUNTYKANSAS, 1900 E. MORRIS, WICHITA, KS, 67211 READ ALL OF THE DIRECTIONS CAREFULLY – PRINT NEATLY.COURT STAFF CANNOT PROVIDE ASSISTANCE OR ADVICE IN COMPLETINGTHESE FORMS.ONLY ONE SIDED DOCUMENTS ARE ACCEPTED. DO NOT PRINT DOUBLE SIDED.AS YOU COMPETE THE FORMS, NO LINE CAN BE LEFT BLANK.CONTENTS:INSTRUCTIONS (3 PAGES)CIVIL INFORMATION SHEET (1 PAGE)PETITION FOR APPOINTMENT OF GUARDIAN (3 PAGES)PRELIMINARY ORDER AND NOTICE (1 PAGE)NOTICE OF HEARING (1 PAGE)ENTRY OF APPEARANCE (1 PAGE)BASIC INSTRUCTIONS FOR GUARDIANS (8 PAGES)AFFIDAVIT OF COMPLETIONOF INSTRUCTIONAL PROGRAM (1 PAGE)OATH OF GUARDIAN/CO-GUARDIAN (1 PAGE)ORDER APPOINTING GUARDIAN (2 PAGES)LETTERS OF GUARDIANSHIP (1 PAGE)GUARDIAN’S REPORT OF CONDITION OF WARD (2 PAGES)CAUTION: Use of legal forms without the assistance of a lawyer could harm your legalrights. You may want to have a lawyer review your completed forms before you file them with thecourt. These are basic forms and do not cover every situation.FOLLOW THESE STEPS TO COMPLETE THE GUARDIANSHIP PROCESS

STEP 1. Petitioner(s), complete the Civil Information Sheet (The person filing the petitionwill always be designated as the Petitioner.) All self represented parties must include an emailaddress. This is so the court can notify you of any changes in the court schedule on short notice.STEP 2. Petitioner(s), complete the Petition and sign it in front of a notary. At the time youfile, you will be given a case number which you should enter on all the documents.STEP 3. Petitioner(s), complete the Preliminary Order and Notice. At the time you file, youwill be given the time and date of the hearing which you should enter on the Preliminary Order.STEP 4. Petitioner(s), you must read the Basic Instructions for Guardianship and complete theCertificate of Completion.STEP 5. (Optional) Petitioner(s), have the natural guardian sign the Entry andAppearance,Waiver of Notice and Consent in front of a notary public. If you do this you will not needto have the papers served on the natural guardian.STEP 6. Petitioner(s), take the completed forms to the District Court, Sedgwick County,Probate Department, 1900 E. Morris, Wichita, KS and file them with the Clerk.STEP 7. Petitioner(s), at the time of filing you will be required to pay the filing fee of 93.50in cash, money order or cashier’s check payable to the “Clerk of the District Court” If you cannotafford the filing fee, you may complete a Request for Waiver of the Filing Fee, which form you canobtain from the Clerk. Upon completion the Judge will review the Request for Waiver and may ormay not approve it.STEP 8. Petitioner(s), at the time the Petition is filed, the Court will appoint an attorney torepresent the minor child in the proceedings. The aide for the Judge of the probate department willprovide you with the name and address of the attorney. You will be required to pay the fees of theattorney who is appointed. These fees cannot be waived. See STEP 19.STEP 9. Petitioner, upon filing the Judge will approve the Preliminary Order and Notice ofHearing at which time the date and time of the hearing will be entered. You must then file thePreliminary Order with the Clerk. Do not leave the courthouse without getting a hearing date.STEP 10. Upon filing, Petitioner(s) should obtain a filed stamped copy of the Petition, thePreliminary Order and the Notice of Hearing and keep these for your records.STEP 11. Petitioner, you must serve a filed stamped copy of the Petition, the PreliminaryOrder and the Notice of Hearing on the natural guardian(s) of the minor child and any other interestedpersons unless they have entered their appearance pursuant to STEP 5 and retain a copy for yourself.You cannot serve the papers yourself. You must have the Sheriff or a special process server deliverthe papers. You will need to pay for service and provide an extra copy of the file stamped papers tothe Sheriff or process server for them to deliver.STEP 12. The Sheriff or special process server will make a return to the clerk showing how

they delivered the papers. Make sure that the papers have been served and the return filed withthe Clerk prior to the date of the hearing.STEP 13. Petitioner, you must send a copy of the file stamped Petition, Preliminary Order andNotice of Hearing by first class mail, to the attorney who is appointed to represent the minor child.STEP 14. Petitioner(s), on the day of the hearing, you are required to personally appear withthe minor(s) in the Probate Department, 1900 E. Morris, Wichita, KS. Check in with the court guardto find out which courtroom you should go to. You should be prepared to testify to the Court about thecircumstances that require the appointment of a guardian for the minor child.STEP 15. Petitioner’s, take to the hearing, the Order Appointing Guardian, the Oath ofGuardian and the Letters of Guardianship or Letters of Co-Guardianship. At the hearing give thosedocuments to the Judge for him to complete.STEP 16. Petitioner(s), at the conclusion of the hearing, you should take the signed andcompleted Order Appointing Guardian, the Oath and Letters of Guardianship or Letters of CoGuardianship to the Clerk of the Probate Department and file them.STEP 17. Petitioner(s), at the time you perform STEP 16, you should obtain at least onecertified copy of the Letters of Guardianship or Letters of Co-Guardianship from the Clerk foryourself. They should be kept in a safe place. These are your important documents of authority.Whenever you deal with someone on behalf of the Minor(s), such as the school, physician, hospital ordentist, you should have them make a copy of your Letters of Guardianship so that you retain yourcopy.STEP 19. Petitioner(s), you should make arrangements with the attorney who was appointed torepresent the Minor(s) to pay the fee you were ordered to pay.STEP 20. Petitioner(s), remember that you are required to file a Report of the Condition of theMinor(s) with the Clerk of the Probate Department within one year after your initial appointmentand each year thereafter. Failure to complete and return the form to the Clerk may result intermination of the Guardianship.JUDGE OF THE PROBATE DEPARTMENT

EXHIBIT ACIVIL COVER SHEETFor Office Use OnlyThe civil information sheet neither replaces nor supplements the filing and service of pleadings or other papers as required by law.This form is required for use by the Clerk of the District Court for the purposes of initiating the civil docket sheet. This information willnot be available to the public and this document will be stored in a separate location from the case file and then destroyed within areasonable time. A new case will not be accepted without a cover sheet attached. (THIS FORM MUST BE TYPED OR PRINTEDLEGIBLY). This form can be found at www.kscourts.orgNATURE OF SUIT (Click or mark in one circle only - If the case involves more than one of the following categories,indicate the category having the highest dollar value)CIVILIf a CH 61: (Judgment Demand Amount)Real PropertyEminent DomainMortgage ForeclosureOther Real PropertyCONTRACTBuyer PlaintiffEmployment Dispute - DiscriminationEmployment Dispute - OtherFraudLandlord/Tenant - Unlawful DetainerLandlord/Te na nt Dispute - OtherSeller Plaintiff (debt collection)Other ContractTORTAsbestos Product LiabilityAutomobile TortIntentional TortLegal MalpracticeMedical MalpracticeOther ProfessionalMalpractice Premises LiabilitySlander/Libel/DefamationTobacco Product LiabilityToxic/Other Product LiabilityOther TortState TaxWarrantMiscellanous60-1507Habeas CorpusOther WritsCIVIL APPEALSAdministrative AgencyOther Civil AppealOther CivilSMALL CLAIMSDOMESTICProtection from AbuseNon-Divorce Support Custody or Visitation Marriage Dissolution/DivorceOther Domestic RelationsUIFSAProtection from rConservatorship/TrusteeshipGuardianship - AdultGuardianship - MinorGuardian/Conservator - AdultGuardian/Conservator - MinorJury DemandSummons Attached:Service By:AdoptionDetermination of DescentElder AbuseSexually Violent PredatorOther Probate / EstateDecedent EstateCare and TreatmentNOYES (Check yes only if jury demand is included in petition or as a separate pleading)YESProcess Server / AttorneyNOSheriff in StateYesSHERIFF'S PROCESS FEE ATTACHEDPLAINTIFF / SUBJECT INFORMATIONSheriff Out of StateNoCountyStateDEFENDANT /OTHER PARTY INFORMATION(ATTACH ADDITIONAL SHEET, IF NECESSARY)(ATTACH ADDITIONAL SHEET, IF NECESSARY)NAME:ADDRESS:PHONE:SSN:DL OR STATE ID NO:NAME:ADDRESS:PHONE:SSNDL OR STATE ID NO:SEX:DOBState and NumberSEX:DOBState and NumberEMAIL:ALIAS NAMES USED:ATTORNEYSEMAIL:ALIAS NAMES USED:ATTORNEYS (if known)(Firm Name, Address, Telephone Number and Supreme Court ID Number)(Firm Name, Address, Telephone Number and Supreme Court ID Number)FOR DOMESTIC CASES - NAME, DATE OF BIRTH AND SOCIAL SECURITY NUMBER OF EACH DEPENDENT CHILD:(Name)(Date of Birth)(Social Security Number)The requirement that Social Security numbers be included on domestic cases is mandatory, and authorized by the Supreme Court and federal law. On non-domestic cases, the Social Security number is notmandatory. The number is used for purposes of identification and may be disclosed as permitted by law. This form is not considered to be a public record.PS-2533

IN THE 18TH JUDICIAL DISTRICTDISTRICT COURT SEDGWICK COUNTY, KANSASPROBATE DEPARTMENTIN THE MATTER OF THE GUARDIANSHIP OF )), A MINOR(S)))Pursuant to K.S.A. Chapter 59Case No.PETITION FOR APPONTMENT OFGUARDIANCO-GUARDIANSFOR , A MINOR CHILD(REN)Come now , Petitioner and Petitioner,and allege and state:1. I We, reside at (address)(city), Sedgwick County, Kansas2. (Name of Minor(s) children),hereinafter referred to as the Minor(s), whose date(s) of birth is , whoseresidence address is and who ispresently residing with Petitioner(s) and has been since (date) .3. The Minor(s) are in need of a guardian of person to provide them health insurance,make medical decisions, make all custodial decisions, and provide a stable residence for theMinor(s).4. During the past five years before the Petition was filed, the Minor(s) lived at thefollowing addresses with the adults listed below:FromUntilCity&Names, AddressesRelationshipDateDateStateof Custodian whoLived with the Minor(s)at the time5. List any other court cases, past, or current, in this state or any other, regarding the

custody of the Minor(s)Name of CourtCase NumberLocation of Court6. (Parent of the Minor(s) is our son daughter and is thenatural guardian of the Minor(s) and is unable to provide for the immediate needs of the Minor(s)7. The Minor(s) have been informally placed in Petitioner(s) custody and legalguardianship is required to permit the Petitioner(s) to assist the Minor(s).8. The names and addresses of the following persons, besides the Natural Guardian(s)have an interest in the Minor(s):NameAddressRelationship to Minor(s)9. The Minor(s) is not married and has no children.10. There is no fiduciary appointed for the minor, nor are their any other persons oragencies that claim any legal right to physical custody or visitation of the Minor(s).11. The Minor(s) owns no real or personal property and had no income.12. The truth of the allegations in this Petition may be proven by the natural guardianand the Petitioners.13. No personal guardian had been appointed for the Minor(s) by any Court.14. No fiduciary has been appointed for the Minor(s) by any Court.15. Petitioner (name) is:a. an adultb. is employed at:c. has no personal or agency interest that might be perceived as self serving or adverse tothe best interest of the Minor (s).16. Petitioner (name) is:a. an adult

b. is employed at:c. has no personal or agency interest that might be perceived as self serving or adverse tothe best interest of the Minor (s).17. Petitioner(s) have completed the instructional program required by K.S.A 59-3069.WHEREFORE, Petitioner(s) pray:a. that the Court determine the Minor(s) to be minor child or children in need of aguardian.b. that the Court issue an order setting the date time and place for the hearing on thePetition.c. that the Court issue an order granting Peitioner(s) temporary physical custody of theMinor(s)d. that the Court require the Petitioner(s) to act as provided by law.e. that the Court appoint Petitioner(s) as Guardian Co-Guardians for theMinor(s) and authorize them to act independently of each other.Petitioner (Signature)Address:City, State ,ZIPTelephone:Email:Co-Petitioner (Signature)Address:City, State ,ZIPTelephone:Email:

VERIFICATIONSTATE OF KANSASCOUNTY OF SEDGWICK, ss:I/We swear or affirm under penalty of perjury, that I/We are the Petitioner(s) in this case, andthat the statements made in this Petition are true and correct.Executed this day of , 2 .PetitionerCo-PetitionerSUBSCRIBED AND SWORN to before me, a Notary Public, this day of, 2 .Notary PublicMy Appointment expires

IN THE 18TH JUDICIAL DISTRICTDISTRICT COURT SEDGWICK COUNTY, KANSASPROBATE DEPARTMENTIN THE MATTER OF THE GUARDIANSHIP OF )), A MINOR(S)))Pursuant to K.S.A. Chapter 59Case No.PRELIMINARY ORDER AND NOTICENOW on this the day of , 2 the Court makes thefollowing preliminary orders and notice requirements:1. A hearing on the Petition for Appointment of Guardian/Co-Guardians forMinor(s) is set for the day of, 2 at the Sedgwick County Courthouse, Probate Division, 1900 E.Morris, Wichita, KS at a.m p.m.2. The Petitioner(s) shall have temporary custody of the Minor(s) until further order ofthe Court.order.3. The minor child shall personally appear at the hearing set forth in paragraph 1 of this4. , a qualified, practicing attorney, whose address is, , Kansas, (zip), isappointed to represent Minor(s) at all stages of the proceedings.5. The Sedgwick County Sheriff or ,a special process server shall personally serve (attorney) with acopy of this order, a copy of the petition and a copy of the Notice of Hearing and file a proof ofservice.6. The Sedgwick County Sheriff or ,aspecial process server shall personally serve a copy of the Petition, this Preliminary Order and theNotice of Hearing on the Natural Guardian and the following persons:NameAddressIT IS SO ORDERED.Judge

IN THE 18TH JUDICIAL DISTRICTDISTRICT COURT SEDGWICK COUNTY, KANSASPROBATE DEPARTMENTIN THE MATTER OF THE GUARDIANSHIP OF )), A MINOR(S)))Pursuant to K.S.A. Chapter 59Case No.NOTICE OF HEARINGTHE STATE OF KANSAS TO ALL PERSONS CONCERNED:You are notified that on the day of , 2 , a Petitionwas filed in this Court byrequesting to be appointed a Guardian Co-Guardian forMinor(s). You are requested to file yourwritten defenses to the Petition on or before the day of , 2 , ata.m./ p.m. in the District Court, Sedgwick County, Kansas, Probate Department,1900 E. Morris, Wichita, KS 67211, at which time and place the Petition will be heard. Shouldyou fail to file your written defenses, judgment and decree will be entered in due course upon thePetition.Signature of PetitionerSignature of Co-Petitoner

IN THE 18TH JUDICIAL DISTRICTDISTRICT COURT SEDGWICK COUNTY, KANSASPROBATE DEPARTMENTIN THE MATTER OF THE GUARDIANSHIP OF )), A MINOR(S)))Pursuant to K.S.A. Chapter 59Case No.ENTRY OF APPEARANCE, WAIVER OF NOTICE,AND CONSENT TO PETITION FOR APPOINTMENT OF GUARDIAN FOR MINOR, natural guardian of, Minor(s) and enters their appearance in this action, waivesfurther notice of hearing on the Petition for Appointment of Guardian/Co-Guardian for theMinor(s), and further consents to an entry of an order appointing andGuardian/Co-Guardians of the Minor(s).Date signed SignatureState of KansasCounty of KansasThis instrument was acknowledged before me this day of , 2by .Notary PublicMy Appointment expires

B A S I CI N S T R U C T I O N SF O RG U A R D I A N SJ a n u a r y1 , 2 0 0 9- 2017R e v i s e da n d U p d a t e dK a n s a sJ u d i c i aCl o u n c i l

PrefaceT h e se b a si ci n stru cti o nfors guar dianswer e pr epar edby the Guar dians hiandpC o n s e r va to rshAi pd vi so ryC o mmitteeof the KansasJudicialCouncil.Aftertheiro r i gi nalp u b l i c a ti oinn Ja n u a ry2 0 0 9 , th e instr uctionswer e r evisedand updatedin Jun e 2015a n d a g ai n i n 2 0 1 7 . T h e i n str uctionsconstitutethe basic instr uctionalprogr amc o n c e r ni n thg e d u ti e sa n d re sp onsibilitiesof a guar dianr equir edby K.S.A.59- 3 069( J ) .Af t e r r e a d i n gth e se i n stru cti o ns,a pr oposedguar dianshould sign the affidav i tofc o m p l e ti oant th e e n d o f th i s b o okletand file it withthe cour tas evidenceof compl eti ono f t h e b a si ci n stru cti o n ap lro g ra m .Tableof ContentsD e f i n i t i on sG u a r d i a nP' so w e r sa n d D u t i e s . . . . . . . . . . . . . .R e s p o n si b i l i titoe sth e C o u rtR e q u i r eTdr a i n i n gOath.LettersG u a r d i a n s hPi lpa nG u a rd i a n 'sA n n u a lR e o o r ton theW ar d' sConditionS p e c i aRl e p o r t sa n d A c c o u n t i n g sR e i m b u r s e m ef on rt T i m ea n d E x p e n s e.s. . . . . . . . .H o wa G u a r d i a n s h Ei pn d s . .Conflicot sf I n t e r e s tA d d i t i o nRa le s o u r c e s. . . . . .1. . . . . . . . . .3. . . .4.4.4.4.4. . . . . . .5. .5.6.S a m p l eF o r m sS a m p l eR e p o r ot n C o n d i t i oonf G u a r d i a n W's ardAf f i d a v itof C o mp l e ti o on f B a si cInstr uctionalPr ogr amK a n s a sJ u d i c i aCl o u n c i lR. e v i s e d2 0 1 7.7.laspaget

B A S I CI N S T R U C T I O NFSO RG U A R D I A N SD e f i n i t i on so f Wo rd s Y o u N e e dto Know:G u a rd i a n- A g u a rd i a ni s a per sonappointedby a cour t to act on behal fof am i n o ro r i m p a i r e dp e r s o nw" g u a r d i a nm a n a g e sa w a r d ' s, h o i s c a l l e da " w a r d . Ap e rso n ahl e a l th sa, fe ty,a nd welfar e.W a r d - A w a r d i s a p e r s o nf o r w h o m a g u a r d i a nh a s b e e n a p p o i n t e d A. wardm a y b e e i t h e ra m i n o ro r a n a d u l tp e r s o nw i t ha n i m p a i r m e n t .C o n se rva to r- A co n se rvatoris a per sonappointedby a cour tto act on behal offa mi n o r o r i mp a i re dp e rson,who is called a "conser vatee."A cons er v atorm an a g e sa co n se rva te e 'prs oper tyor "estate,"suchas m oney,per sonaland r ealp r o p e n y.C on se rva te e- A co n se r vateeis a per sonfor whom a conser vatorhas beena p p o i n t e dA. c o n s e r v a t eme a yb e a m i n o ra, n a d u l tp e r s o nw i t ha n i m p a i r m e n t ,personor aw h o h a s vo l u ntar ilyr equesteda conser vator ship.N O T E : So me ti me s,a p e rso ni s appointedas botha guar dianand conser vator.In thatc a s e ,t h e p e r s o nt h e ya r e h e l p i n gm a y b e c a l l e de i t h e ra w a r do r c o n s e r v a t e oe r, b o t h .W h a tA r e a G u a r d i a n ' sP o w e r sa n d D u t i e s ?T h e b a s i c d u t i e s , r e s p

these forms must be filed in the probate department of the district court, sedgwick county kansas, 1900 e. morris, wichita, ks, 67211 read all of the directions carefully – print neatly. court staff cannot provide assistance or advice