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PLANNING |
 :: Jul. 22, 2008 Personnel Committee Meets July 23, 2008  :: Jun. 20, 2008 2008 SATISFACTION SURVEY RESULTS RELEASED! :: Jun. 12, 2008 NEW LOCATION FOR DDRB AGENDAS |
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Guardianship is the legal process of determining a person's capacity to make decisions for himself regarding his personal affairs (such as where he lives or the care he requires.)
Conservatorship is similar to guardianship, but deals only with financial affairs of an individual. It is not unusual for the powers of guardianship and conservatorship to be vested in the same person. A Guardian is a person appointed by the Probate Court to handle the affairs of a person who has been adjudged to be incapacitated, i.e. not capable of handling his own personal affairs. A conservator is a person or corporation appointed by the Probate Court to handle the financial affairs of a person who has been adjudged to be disabled, i.e. not capable of handling his own financial affairs. Facts: A person who has attained the age of 18 years is an adult under Missouri law and is, therefore, in charge of his own affairs, unless a judge has appointed a guardian or conservator for him. In order for a parent to continue to be the guardian of an individual when he reaches the age of 18, that parent must have made a successful application to the Probate Court for his appointment as guardian and/or conservator for that individual. Guardianship for a minor, a person under the age of 18, is generally vested with that person's parents. The principle of least restrictive environment should apply in any guardianship or conservatorship situation. In other words, an individual should retain control of his own personal and financial life to the maximum extent possible. If a judge finds that an individual is only partly incapacitated or disabled, he should issue an order of limited guardianship or limited conservatorship, or both. In so doing, he should spell out in his order the specific powers that he is conferring upon the guardian or conservator. The ordering of guardianship or conservatorship for a person is a legal process. The person who wants to be a guardian or conservator must apply to the Probate Court to attain that position. The Probate Judge must then appoint an attorney to represent the person over whom guardianship or conservatorship is being sought. A hearing must be held, at which time it is incumbent upon the applicant to prove that the person for whom he wants to be guardian or conservator really needs that protection. Though not always absolutely necessary, a person applying for guardianship or conservatorship is probably well advised to do so with the assistance of an attorney. A person for whom a guardian is appointed is known as a ward, and a person for whom a conservator is appointed is a protectee. At the court hearing, full due process rights are accorded to the respondent - the person for whom a guardian or conservator is being sought. Anyone may be appointed as guardian or conservator for a person found to be incapacitated or disabled. However, the judge should give preference to immediate family members, and the person chosen should have consented to the appointment. The guardian/conservator is required to file an annual report with the court, explaining pertinent circumstances of the ward/protectee. From that report, the judge can determine if there needs to be a change in his order of guardianship or conservatorship. Actually, the judge can change that order any time he feels it necessary. A guardian is not responsible for the financial condition of his ward. Legal and court costs of guardianship or conservatorship proceedings against an individual will be charged to his county of residence if he cannot pay for them himself. For further information, contact Missouri Protection and Advocacy Services 1-800-392-8667 or 314-893-3333. |
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 CONTACT INFORMATION Developmental Disabilities Resource Board 156 St. Peters Centre Boulevard St. Peters, MO 63376 Phone: 636-939-3351 Fax: 636-939-3988 Click Here for Directions |