How Do I Name a Guardian for My Minor Children in Kansas?

See how a parent names a guardian for their minor children in Kansas, what weight the court gives your choice, and your options for temporary care.

Frequently Asked Questions

In Kansas, a parent names a guardian for a minor child in a will or a separate signed writing (K.S.A. 59-30,133(b); see also 59-30,128, 59-30,130). It needs your signature. You can record it alongside the rest of your estate plan when you create a revocable living trust.

When a parent has named a guardian, the court appoints the guardian the parent named unless someone shows a statutory ground to disqualify them (K.S.A. 59-30,133(b); see also 59-30,128, 59-30,130).

Yes. Kansas recognizes a separate signed declaration naming a guardian, so you do not need a full will. A will remains the standard place to do it.

Yes. Kansas allows a Host Families Act power of attorney (parental care-and-custody delegation) (K.S.A. 38-2403(d); host families act 38-2401–38-2405): a relative or a voluntary caregiver can be authorized for a limited time (up to 1 year) without transferring custody.

In Kansas, a child 12 or older may choose their guardian, subject to the court's approval (K.S.A. 59-30,133(b)(3)).

Kansas uses a best-interest and suitability standard rather than a fixed list — the court can decline anyone it finds unsuitable to serve. (K.S.A. 59-30,128, 59-30,133)

Kansas Estate Planning Resources

In-depth guides covering Kansas probate laws, trust requirements, and estate planning strategies.