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When a family member can no longer manage personal care or financial affairs due to illness, injury or cognitive decline, you may petition the court for guardianship (personal decisions) or conservatorship (financial decisions) under Missouri law. These proceedings safeguard the incapacitated person’s well-being and assets while respecting their rights.

1. Understand Key Terms

• Guardian: Oversees daily living, medical care, residence, and personal decisions. (RSMo 475.010)
• Conservator: Manages bank accounts, investments, real estate, and other assets. (RSMo 475.010)

2. Confirm Eligibility

Court must find the proposed ward is incapacitated, meaning they cannot safely manage personal or financial affairs. Missouri courts rely on medical evidence, psychological evaluations or expert testimony. (RSMo 475.090)

3. File the Petition

1. Obtain forms at your local circuit court clerk’s office or online.
   • Petition for Appointment of Guardian or Conservator (RSMo 475.015).
   • Medical report by a licensed physician or psychologist.
2. Serve Notice.
   • Provide written notice to the proposed ward, spouse, next of kin and any known interested parties at least 14 days before hearing. (RSMo 475.017)
3. Appoint a Guardian ad Litem or Visitor.
   • Court may assign an attorney or visitor to represent the ward’s interests. (RSMo 475.030)
4. Attend the Court Hearing.
   • Present evidence: medical records, witness testimony, and financial statements.
   • Court reviews proof of incapacity and suitability of the proposed guardian or conservator.
5. Receive Letters of Guardianship or Conservatorship.
   • Official court order grants authority. It specifies powers and limitations. (RSMo 475.110)
   • Register with financial institutions and social services as needed.

4. Fulfill Ongoing Duties

• File annual reports detailing ward’s condition, assets managed and expenditures. (RSMo 475.117)
• Seek court approval for major transactions, such as real estate sales.
• Obtain bond if ordered by the court to protect ward’s assets. (RSMo 475.130)

Helpful Hints

• Consult Adult Protective Services if abuse or neglect is suspected.
• Gather medical records early to support incapacity findings.
• Keep detailed financial ledgers for transparency with the court.
• Consider mediation if family members disagree on guardianship.
• Review Missouri Supreme Court-approved forms and instructions online.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.