Pratt Rehabilitation & Residence Center

Selecting an Attorney

Reproduced with permission from the Publications section of the Kansas Department on Aging web site, http://www.agingkansas.org/kdoa.

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.

Senior Citizen Law Projects

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.

Senior Citizen Law Projects & Counties Served

PSA 1 - Kansas City, KS
(913) 621-0200
Counties: Leavenworth, Wyandotte

PSA 2 - Wichita, KS
(316) 265-9681
Counties: Butler, Harvey, Sedgwick

PSA 3 - Hays, KS
(785) 625-4514
Counties: Cheyenne, Decatur, Ellis, Gove, Graham, Logan, Norton, Osborne, Phillips, Rawlins, Rooks, Russell, Sherman, Sheridan, Smith, Thomas, Trego, Wallace

PSA 4 - Topeka, KS
(785) 233-2217
Counties: Douglas, Jefferson, Shawnee

PSA 5 - Pittsburg, KS
(620) 232-1330
Counties: Allen, Bourbon, Cherokee, Crawford, Labette, Montgomery, Neosho, Wilson, Woodson

PSA 6 - Garden City, KS
1-800-362-9009 (620) 275-0238
Counties: Finney, Grant, Greeley, Hamilton, Haskell, Kearny, Morton, Scott, Seward, Stanton, Stevens, Wichita
Dodge City- (620) 227-7349
Counties: Barber, Barton, Clark, Comanche, Edwards, Ford, Gray, Hodgeman, Kiowa, Lane, Meade, Ness, Pawnee, Pratt, Rush, Stafford

PSA 7 - Kansas City, KS
(913) 621-0200 (This office located in Kansas City)
Counties: Anderson, Coffee, Franklin, Linn, Miami, Osage

PSA 8 - Manhattan, KS
(785) 537-2943
Counties: Chase, Clay, Cloud, Dickinson, Ellsworth, Geary, Jewell, Lincoln, Lyon, Marion, Morris, Mitchell, Ottawa, Pottawatomie, Republic, Riley, Saline, Wabaunsee

PSA 9 - Seneca, KS
(785) 336-6016
Counties: Atchison, Brown, Doniphan, Jackson, Marshall, Nemaha, Washington

PSA 10 - Wichita, KS
(316)265-9681 (This office located in Wichita)
Counties: Chautauqua, Cowley, Elk, Harper, Kingman, Sumner
Hutchinson, KS- (620) 694-2955
Counties: McPherson, Rice and Reno
Emporia- (620) 343-7589
County: Greenwood

PSA 11 - Kansas City, KS
(913) 621-0200 (This office located in Kansas City)
County: Johnson

Private Attorneys

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:

Decide what kind of assistance you need
Ask friends and relatives for names of candidates
Talk with each candidate
Ask about experience, fee, billing, and how you will be updated about your case
Compare their answers, fees, professional and personal qualities
Have a written agreement about the work to be done and the cost.

Small Claims Court resolves disputes cheaply and quickly

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.

Before You File A Small Claim

Call the person or business you have a complaint against and attempt to resolve the problem. Write down the date and time of your call and who talked to you. This information may be useful if you must eventually file suit in small claims court.
Write to the person or business, describe your complaint, and state what settlement you think is fair. Include copies of receipts, warranties, contracts, correspondence or other papers that support your position (always keep the originals). Keep a copy of your letters.
If your complaint is against a local business, contact the local Chamber of Commerce, the Better Business Bureau and, if there is one, your local consumer protection agency. In many cases, they will be able to persuade the business to satisfy the complaint.

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.

How do I file a claim?

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.

Preparing For Your Hearing

Collect and organize documents relevant to your complaint so that you can make a complete and orderly presentation of your case. Take all relevant materials to the hearing to show the judge.
Think over and note what you want to say so that you can make a complete, but brief, statement of your argument.
Determine what witnesses, if any, you need to have at the hearing. Witnesses may be subpoenaed (ordered by the judge to attend) if they refuse to appear voluntarily and are important to the case. You must request subpoenas several days before the hearing.
Check with the clerk before the hearing to find out whether or not the defendant has been served successfully with the summons to appear. If not, the clerk can advise you of your options, and you may be able to obtain a postponement of the hearing.

Can I appeal a small claims decision?

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.

Power of Attorney allows an individual to act on another`s behalf

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.

When the Court appoints a Guardian or Conservator

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.

What is the role of the guardian?

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.

What is the role of a conservator?

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).

As guardian or conservator, do I have personal financial responsibility?

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.

How does the court determine incapacity?

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:

pay the court cost,
hire a lawyer, and
post a bond.

When do guardianship and conservatorship powers end?

A guardianship or conservatorship can be ended by the court in one of several ways.

Upon the death of the ward or conservatee,
upon the death of the guardian or conservator,
the conservatee`s property may be exhausted, or
the disabled person (ward or conservatee) may request a hearing so the Court can determine if the person`s rights should be restored.

Any changes in guardianship and conservatorship usually require court action.