Guardianship & Conservatorship

Practice Area

Guardianship & Conservatorship

In a situation where a loved one is incapable of making responsible decisions about his or her care, the court will appoint a guardian to step in to make decisions for the adult individual, referred to as the “ward.” An adult guardianship is appropriate when the individual, by reason of disability or mental illness, is unable to meet his or her essential requirements (food, clothing, shelter, safety) such that serious physical injury is likely to occur. 
The court can appoint more than one guardian if appropriate. The guardianship may be terminated in the future if the disabled adult is found to be competent by the court.

The guardian will assume the following responsibilities for the disabled adult: 
  • Assure that the disabled adult resides in the best and least restrictive environment which is reasonably available. 
  • Assure that the disabled adult receives medical care and other services that are needed.  
  • Promote and protect the care, comfort, safety, health, and welfare of the disabled adult. 
  • Provide required consents for any of these needs or services on behalf of the disabled adult. 
  • Exercise all powers and discharge all duties necessary or proper to implement the applicable provisions of Missouri law. 

Guardianship of a Minor

When a minor’s parents have both passed away or are both unable to care for a child, the court may appoint a guardian to care for the child. Usually the guardian is a close adult relative of the minor. In addition to the responsibilities listed above for guardians of adults, guardians of a minor are responsible for providing for the ward’s education, support, and maintenance. The court may appoint more than one guardian for a minor as well.

The standard for appointing a guardianship of a minor is set forth in Section 475.030 of Missouri Revised Statutes. The court may appoint a guardian of a minor in the following cases:
  • Where a minor has no parent living. 
  • Where the parents or the sole surviving parent are unwilling, unable, or determined to be unfit to care for the minor.
  • Where the parents or the sole surviving parent have had their parental rights terminated under Chapter 211 (juvenile case). 
  • In addition, both parents may consent to the guardianship.
The court may award a parent periods of visitation with the minor in a guardianship case if visitation is in the child’s best interests. A guardianship of a minor terminates upon the child reaching 18 years of age. This means that the guardian may need to file another case in probate court in the event that the child, now an adult, is deemed to be incapacitated and still in need of a guardian as an adult.

Conservatorship

A conservator may need to be appointed to manage the property of an adult or minor who has be legally determined to be disabled or incapacitated. Typically, the same person is appointed to be the conservator and the guardian, although it is possible for two different people to be appointed. A conservator may be a person, corporation, or financial institution. 

A conservator, under the supervision of the court, is responsible for protecting and managing the disabled adult’s financial estate. The conservator must properly and prudently invest the disabled adult’s assets, apply such assets for his or her care and maintenance, and account for all funds received and expended on behalf of the individual.
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