Examinations and Evaluations in Guardianship Matters

Multiple times in 2022, the Probate Court appointed me to represent an adult in a guardianship case filed by parents after the commencement of a care and treatment case. In each instance, the guardianship petitions were dismissed for lack of a proper medical evaluation. Pursuant to K.S.A. 59-3064, a medical evaluation and examination must include language that in the medical professional’s opinion, the proposed ward is an adult with a physical or cognitive impairment and that person likely needs the appointment of a guardian.

In a care and treatment case, a proposed patient is examined usually at a local hospital emergency room by a mental health professional who generates a report that the patient is a person likely suffering from a mental illness and is likely a danger to self or others if not hospitalized for further evaluation and treatment. These evaluations generated in care and treatment cases do not include language consistent with K.S.A. 59-3064 required in order to seek the appointment of a legal guardian for an impaired adult.