How to File for Guardianship in Kansas: Step-by-Step 2026 Process

Before You File: Understand What Changed in 2026

On January 1, 2026, Kansas replaced its old guardianship statutes with the Kansas Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (KUGCOPAA). If you're reading older guides or working from forms dated before 2026, much of what they say about the process is outdated.

The biggest changes: courts now require a detailed care plan filed with the initial petition (not after appointment), the decision-making standard shifted from "best interest" to "substituted judgment," and judges must confirm that no less restrictive alternative — like a power of attorney or supported decision-making agreement — would work before granting guardianship.

Here's the process from start to finish under the current law.

Step 1: Determine the Right Court

File in the probate department of the district court in the county where your parent:

• Currently resides, OR
• Is physically found (relevant if they're hospitalized in a different county), OR
• Owns real property

If more than one county appears to qualify, confirm venue with the clerk or counsel before filing.

Step 2: Complete the Mandatory Medical Evaluation

Before you file the petition, you need the Report of Examination and Evaluation required by K.S.A. 59-3064. This isn't optional, and you can't substitute a letter from the family doctor.

The evaluation must be performed by a licensed physician, licensed psychologist, or licensed social worker who has personally examined your parent. The report must detail:

• Current physical and mental conditions
• Cognitive and functional abilities and limitations
• Adaptive behaviors, assistive devices, and support systems in use
• Prognosis for improvement
• Whether your parent has the capacity to meet essential physical needs or manage their estate
• Whether your parent can safely participate in court proceedings

Budget $250 to $500 for the clinical evaluation. Some physicians charge more for complex cognitive assessments.

Step 3: Draft the Petition and Care Plan

The petition itself names you as the proposed guardian, describes your parent's condition, and explains why guardianship is necessary. Use the 2026 Judicial Council forms — they reflect the current KUGCOPAA requirements and use the correct person-centered terminology (the court document refers to the parent as the "individual subject to guardianship," not "ward" or "incapacitated person").

Filed alongside the petition: the Adult Guardianship/Conservatorship Plan and Motion to Approve. This is the 2026 innovation that catches most families off guard. The court will not appoint a guardian without an approved plan that outlines:

• How you'll encourage the adult to participate in their own decisions
• Specific goals for residential, medical, and social care
• How you'll preserve the adult's social and family relationships
• If seeking conservatorship: how you'll manage assets, pay bills, and preserve the estate

Step 4: File and Pay the Fee

Filing fees range from $91.50 to $93.50 depending on the county. Sedgwick County (Wichita) charges $93.50. Leavenworth and Cowley counties charge $91.50. Additional costs:

• Publication fees for legal notice in a local newspaper
• Sheriff service fees for personal service of the petition on your parent
• Court-appointed attorney fees (the court assigns one to represent your parent — more on this below)

Step 5: Serve Notice

At least 14 days before the hearing, you must serve:

• Personal service on your parent: a copy of the petition and a Notification of Rights document
• Mail service to all interested parties: immediate family members (spouse, adult children, siblings), any existing agent under a power of attorney, and any person the court identifies

The Notification of Rights tells your parent they have the right to attend the hearing, present evidence, cross-examine witnesses, hire their own attorney, and demand a jury trial.

Step 6: The Hearing

Upon filing the petition, the court appoints an attorney to represent your parent — not to assess what's in their best interest, but to zealously advocate for their expressed wishes. This is another 2026 change. If your parent says they don't want a guardian, the attorney's job is to argue that position, even if everyone in the family disagrees.

At the hearing, the judge reviews:

• The medical evaluation report
• The proposed care plan
• Whether less restrictive alternatives (POA, supported decision-making, protective arrangement) would suffice
• Testimony from you, the parent's attorney, and any witnesses

The judge can grant full guardianship, limited guardianship (restricting the guardian's authority to specific areas), or deny the petition entirely. Limited guardianship preserves more of the adult's rights and is strongly favored under the 2026 "least restrictive alternative" mandate.

Step 7: Post-Appointment Obligations

After the court issues the order:

1. Take the Oath of Guardian (or Oath of Conservator) and file it with the court to receive Letters of Authority
2. Post a surety bond if appointed as conservator — the court sets the bond amount based on the estate's value (premiums typically run 0.5% to 1.0% of estate value annually)
3. Complete the Basic Instructional Program for Guardians and Conservators developed by the Kansas Judicial Council, and file a signed affidavit of completion
4. File the Conservatorship Inventory within 30 days — a detailed list of all estate assets
5. File annual reports — a guardian's report on the adult's condition and a conservator's accounting of all financial activity

The Cost Reality

Attorney fees for an uncontested Kansas guardianship typically range from $3,500 to $8,000. Total costs are higher once filing, evaluation, publication, service, court-appointed counsel, and bond premiums are included. Contested cases add further attorney and hearing costs. Even a self-filed petition costs the filing fee plus the medical evaluation, publication, and bond premiums.

This is why elder care planning consistently emphasizes getting a durable power of attorney in place while your parent still has capacity. A POA costs nothing to create with the right forms and avoids the entire court process. The Kansas Power of Attorney & Guardianship Kit covers both pathways — voluntary POA execution and the full court guardianship filing process — with every form and instruction you need.

See more Kansas guides →