04/29/2024
Want to know more about Guardianship & Conservatorships
In Missouri, guardianship and conservatorship are legal arrangements designed to protect individuals who are unable to make decisions for themselves due to incapacity. Here's an overview of both:
Guardianship:
Guardianship typically involves decisions about the person's personal care and well-being.
A guardian is appointed by the court to make decisions on behalf of an incapacitated person, known as the ward.
Guardianship may be necessary for individuals who are mentally incompetent, developmentally disabled, or incapacitated due to illness or injury.
The guardian may make decisions regarding the ward's medical care, living arrangements, education, and other personal matters.
Conservatorship:
Conservatorship primarily deals with managing the financial affairs and assets of an incapacitated person.
A conservator is appointed by the court to manage the ward's financial affairs, including paying bills, managing investments, and making financial decisions.
Conservatorship may be necessary when an individual is unable to manage their finances due to incapacity, disability, or other reasons.
In Missouri, the process for establishing guardianship or conservatorship typically involves filing a petition with the probate court in the county where the incapacitated person resides. The court will then hold a hearing to determine whether guardianship or conservatorship is necessary and who should be appointed as guardian or conservator.
The court will consider evidence regarding the individual's incapacity and the proposed guardian or conservator's suitability to fulfill their duties. Once appointed, the guardian or conservator must regularly report to the court and may be subject to court supervision to ensure that they are acting in the best interests of the ward.
It's important to note that guardianship and conservatorship are serious legal arrangements that restrict an individual's rights, so they should only be pursued when necessary and with careful consideration of the individual's best interests. Additionally, Missouri law provides alternatives to guardianship and conservatorship, such as powers of attorney and advance directives, which allow individuals to appoint someone to make decisions on their behalf without the need for court intervention.
