Legal Assistance
Legal Assistance
Laws can be complex and many occasions may arise where you need the legal
advice or representation offered by an attorney. These situations could
range from denial of benefits to estate planning. Knowing when you need
assistance and where to turn is important.
Kansas Legal Services, Inc., in cooperation with the Kansas Department
on Aging and the Kansas Bar Association operates the Kansas Elderlaw Hotline,
(888) 353-5337 for the benefit of all Kansas seniors. The Hotline provides
access to attorneys who provide advice at no charge about civil legal
issues. The Hotline also provides referrals to private attorneys or connects
you with your area Senior Citizen Law Project Attorney.
If you have a question about a legal issue listed in this guide or any other questions involving civil law, you can contact the Hotline for assistance. Even if you are unsure about whether you have a legal problem, attorneys with the Hotline will be able to talk with you about your issue or problem. Attorneys who work with the Hotline are Senior Citizen Law Project Attorneys or private attorneys who handle elder law issues.
Each Area Agency on Aging contracts with an attorney or attorneys to
provide legal assistance to senior citizens in their service area. The
funding for this program is mainly through the Older Americans Act. Services
are provided to persons age 60 and over at no charge. Donations are accepted
and appreciated. Persons with poverty level income and/or frail and disabled
are given priority.
Even if you are not frail and disabled, or do not meet the income guidelines,
Senior Citizen Law Project attorneys will consult with you about your
problem. If you cannot go to the attorney's office, visits at a senior
center, meal site, or your home can be arranged. You can contact the Senior
Citizen Law Project near you.
The Senior Citizen Law Project is not able to help every Kansan with every type of legal matter. You may access the referral panel by calling the Hotline. These attorneys will charge you for their services. In selecting and using a private attorney, there are several steps to take:
The District Court of each county in Kansas has a small claims court to handle money or property disputes of less than $1,800. Neither party in a small claims case may be represented by an attorney. You explain your side of the dispute to the judge in your own words or present your own witnesses. After hearing the evidence and asking some questions, the judge makes a decision.
Because the court procedure is simple and informal and because lawyers are not involved, settlement of a dispute may be achieved more cheaply and quickly than in other actions. The judge's decision has the same legal effect as a decision in any other form of lawsuit.
Even if you win in small claims court, enforcing the judgment may prove difficult and time-consuming because the judgment debtor may not have assets with which to satisfy your judgment. So before you file a small claim, exhaust all of the nonlegal remedies available.
To file a suit, go to the county courthouse in the county where you live. If the transaction occurred in another county, you should file your suit in that county. The clerk of the small claims division of the district court will provide you with a simple form to fill out and will answer your questions regarding the procedure.
You should have the exact name and address of the person you are suing when you fill out the form to file the case. You must also pay a filing fee. Before you leave, check to see that you know the docket number of your case, the time and date that your case will be heard, and the location of the courtroom where you will appear.
Either side in the small claims court may appeal the decision to the District Court. If you are dissatisfied with the outcome in small claims court and wish to pursue an appeal, it would be advisable to seek the assistance of an attorney.
You may have the assistance of an attorney when the small claims decision is appealed to District Court. If you appeal a small claims decision and lost the appeal, the court will order you to pay the attorney fees of the prevailing party. This is one reason why you should appeal only if you stand a good chance of winning. If you win a judgment, contact the court clerk for assistance regarding enforcement of your judgment. Small claims court judgments are often difficult to enforce.
A Power of Attorney is a document by which one person (the "principal") gives legal authority to another (the "agent" or "attorney-in-fact") to act on behalf of the principal. The authority the principal gives the agent can be very broad or can be limited to one or two specific acts.
The Durable Power of Attorney provides authority to handle financial affairs. It can be either broad or limited and is not affected by subsequent disability or incapacity of the principal. It is called durable because it continues to be effective even after the principal has lost capacity due to illness or injury. A Durable Power of Attorney has specific language that makes the power continue after the principal has lost capacity. This language makes the Durable Power of Attorney a useful document for persons who wish to pre-plan for a future illness or incapacity.
Kansas law authorizes two additional types of powers of attorney designed for use by persons who wish to appoint someone of their own choosing to handle affairs, to make good personal medical treatment decisions, or both, when they can no longer do so themselves. See information on Durable Powers of Attorney for Health Care Decisions.
Normally, the agent or attorney-in-fact is a friend or relative rather than a lawyer. Since a power of attorney can be used to your disadvantage, it is vital the person you selected be trustworthy, conscientious and willing to study your financial affairs. Your Senior Citizens Law Project will help draft a Durable Power of Attorney.
Sometimes, due to a chronic health condition or disease, an older person becomes impaired and cannot manage his or her financial resources or physical health and safety. Such an individual may become the subject of a guardianship or conservatorship action. The powers of guardianship and conservatorship can be granted only by the court. They are not to be confused with other legal powers, such as Durable Power of Attorney, which one individual may grant to another. The individual appointed to be guardian or conservator assumes most of the adjudicated person's civil and legal rights and is subject to the direction of the court. Kansas Guardianship Program provides guardianship services to eligible wards. They publish A Guide to Kansas Laws on Guardianship and Conservatorship, which is very helpful. Contact them at (800) 672-0086.
A guardian is appointed to make personal care decisions for the individual, or "ward," including medical treatment and other decisions promoting comfort, safety and health. The guardian must file an annual report with the court on the ward's condition.
A conservator manages the conservatee's financial resources for his or her support. Each year an accounting must be filed with the court detailing income or funds received and how the funds were spent on behalf of the disabled person (conservatee).
A guardian and/or conservator has no personal financial responsibility for the ward or conservatee. Under direction of the court, the conservator uses the disabled person's funds to pay expenses.
There must be a court proceeding to determine whether a person meets
the legal definition of "An adult with impairment" and is in
need of a guardian and/or conservator. The person who is alleged to be
an adult with an impairment is entitled to a notice that a petition has
been filed, and a trial will be held. They are also entitled to be present
at the hearing, if possible, as well as to have a court appointed attorney
and a jury trial if requested. The person may call witnesses to testify
in their behalf.
If you wish to become a guardian and/or conservator over someone else,
remember you may have to:
A guardianship or conservatorship can be ended by the court in one of several ways.
Any changes in guardianship and conservatorship usually require court action.