She argues that K.S.A. 38-1584 does not permit a conservatorship and guardianship. She further argues that if the parental rights had not been terminated, a Chapter 38 guardianship would have been an option. The statute does not place any restrictions on when a guardian or conservator can be appointed. We recognize Judge Jennifer Jones was attempting to do what she felt was best for the two children. Judge Jones clearly was of the opinion it would be in the children's best interests to remain in Wichita with their cousins.
Ample evidence exists to support that concept.
If the children were sent to Mexico with the maternal aunt, they would be living with an aunt with whom they had minimal contact prior to their mother's death and with an uncle and cousins with whom they had no prior contact. They would attend a new school and be separated from their childhood friends. A sharp contrast to everything being new and different is the Wichita placement, where they are living with relatives they had visited several times a week and had stayed with overnight many times. They retain childhood friends, retain the same therapist who is helping them deal with the loss of their parents, and continue with their lives. They continue to be bilingual.