In Missouri, a guardian or conservator is appointed by the court to help individuals who cannot make important decisions for themselves due to a disability, illness, or incapacity. A guardian manages personal affairs, such as healthcare and living arrangements, while a conservator handles financial matters.
When Is a Guardian or Conservator Needed?
Guardians or conservators are typically needed when an adult cannot make sound decisions or protect their health, safety, or finances due to mental or physical limitations. The person who needs the guardian or conservator is called a “ward”
Who Can Serve?
Relatives, friends, or professionals can serve as guardians or conservators if they meet qualifications set by the court. They must be over 18, of sound mind, and without conflicts of interest.
How to Apply
To apply, file a petition in the local probate court. You must provide evidence of the person’s incapacity, such as medical records or statements from healthcare providers. A court hearing will determine the need for guardianship or conservatorship.
The court will also determine if the ward should retain the right to marry, vote or drive. If the ward is partially incapacitated or disabled, the Court will issue a limited guardianship or conservatorship.
Powers and Duties
Guardians ensure the person’s health and well-being, while conservators manage finances responsibly. Both must act in the person’s best interest and report regularly to the court.
For more information see RSMo. 475.010 et seq.
Guardianship and conservatorship are serious responsibilities designed to protect vulnerable individuals. Missouri law requires the Court to consider less restrictive alternatives before appointing a guardian or conservator.
The preceding article is for information purposes only and is not intended to be legal advice. For help with a guardianship or conservatorship, please consult a Missouri probate attorney such as Hannam Law.