Conservatorship in Missouri is a legal process where the court appoints an individual or organization to manage the financial affairs and property of a person who is deemed unable to do so themselves. Here's an overview of conservatorship in Missouri:
- Determining the Need for Conservatorship:
- Conservatorship may be necessary for individuals who are unable to manage their own financial affairs due to age, disability, or incapacity, such as those with dementia, developmental disabilities, or severe mental illness.
- The need for conservatorship is typically established through a court-ordered evaluation by a qualified professional, such as a physician or psychologist.
- Petition for Conservatorship:
- The process begins with the filing of a petition for conservatorship with the probate court in the county where the individual in need of conservatorship 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 conservatorship petition.
- A hearing is then held, where the court will consider evidence and testimony to determine if conservatorship is necessary and who should be appointed as the conservator.
- Appointment of the Conservator:
- If the court determines that conservatorship is necessary, it will appoint an individual or organization to serve as the conservator.
- The conservator is responsible for managing the individual's financial affairs and property, including paying bills, managing investments, and protecting assets.
- Duties and Responsibilities of the Conservator:
- The conservator is required to act in the best interests of the individual and make decisions that promote their financial wellbeing and independence to the greatest extent possible.
- Conservators must regularly report to the court on the management of the individual's estate and finances.
- Termination or Modification of Conservatorship:
- Conservatorship can be terminated or modified if the individual's capacity is restored, or if the conservator is no longer able to fulfill their duties.
- The individual or other interested parties can petition the court to review the conservatorship arrangement.
Conservatorship 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 financial affairs are properly managed.