Guardianship

Guardianship in Missouri is a legal process through which a court appoints an individual or organization to make decisions on behalf of a person who is deemed incapable of making their own decisions. Here's an overview of the guardianship process in Missouri:

• Determining the Need for Guardianship:
  • Guardianship may be necessary for individuals who are unable to manage their own affairs due to age, disability, or incapacity, such as those with dementia, developmental disabilities, or severe mental illness.
  • The need for guardianship is typically established through a court-ordered evaluation by a qualified professional, such as a physician or psychologist.
• Petition for Guardianship:
  • The process begins with the filing of a petition for guardianship with the probate court in the county where the individual in need of guardianship resides.
  • The petition is typically filed by a family member, friend, or social service agency.
• Notification and Hearing:
  • The court will notify the individual, as well as their family members and other interested parties, of the guardianship petition.
  • A hearing is then held, where the court will consider evidence and testimony to determine if guardianship is necessary and who should be appointed as the guardian.
• Types of Guardianship:
  • In Missouri, there are Guardians and Gonservators:
    • Guardian of the Person: Responsible for making decisions about the individual's personal care, such as healthcare, living arrangements, and daily activities.
    • Conservator of the Estate: Responsible for managing the individual's financial affairs and assets.
      The court may appoint a conservator to handle both personal and financial matters, or separate guardians for each.
• Duties and Responsibilities of the Guardian:
  • The guardian is required to act in the best interests of the individual and make decisions that promote their wellbeing and independence to the greatest extent possible.
  • Guardians must regularly report to the court on the individual's status and the management of their estate.
• Termination or Modification of Guardianship:
  • Guardianship can be terminated or modified if the individual's capacity is restored, or if the guardian is no longer able to fulfill their duties.
  • The individual or other interested parties can petition the court to review the guardianship arrangement.

Guardianship in Missouri is a complex legal process, and it's essential to work with an experienced elder law attorney to ensure the individual's rights are protected and their needs are properly addressed.