Guardianship

Parents of a child with a developmental disability often have to face the critical issue of how to protect and assist their child in areas such as legal, financial and medical decisions. At age 18, a person is no longer a minor, even if he/she is totally disabled. If the parent believes that individual, who is 18 or over, will have difficulties making informed choices, then the legal process of determining their child's capacity to make decisions affecting his/her personal affairs should be addressed. A guardian may need to be appointed to make those decisions. The guardianship laws are established by state.

Who can be a Guardian?

Parents are the guardian of minors (under age 18) unless judged unfit. An adult (18 or older) can serve as a guardian of an adult person. This can be a parent, a family member, a friend or someone in whom the parents have confidence. For those individuals who have no involved or interested persons, a county public administrator may be appointed by the court.

Steps necessary to establish a Guardianship:

• A petition must be filed for the appointment of the interested person as guardian with circuit court, probate division. The reasons why the appointment of guardian is sought must be stated. The court will appoint an attorney to represent him or her. This is called a Guardian ad Litem. The probate court will determine by "clear and convincing evidence" that the person is "incapacitated" and/or "disabled" based on testimony and evidence of the person's physician, psychologist, teachers and other people who know and work with the person.



• In a hearing the Judge, based on evidence presented, will decide if the person needs a full or partial guardianship. The judge will then appoint either a guardian, conservator or both. A conservator is responsible only for financial issues.



• The guardian then files an oath to faithfully perform the duties of guardian, conservator or both. A bond, sufficient to satisfy the court, is posted. The court issues Letter of Guardianship, Conservatorship or both. With this piece of paper the guardian can make decisions on behalf of the person with the disability, referred by the court as the "ward" and the conservator can begin handling their property.

Is an attorney needed?

Since an attorney must be appointed for the person with a disability, it is advisable to retain an attorney at the point of preparing the petition.

A guide called "A Basic Guide for Understanding Guardianship and Conservatorship in Missouri" is available from

Missouri Protection and Advocacy Services
925 South Country Club Drive
Jefferson City, Missouri 65109
1.800.392.8667 or in Kansas City call 816.756.1001

Your Service Coordinator or the Guardianship Coordinator at the Kansas City Regional Center can also assist you with any questions.

If you wish further information, especially concerning long term planning for your family member, please refer to the Long Term Planning fact sheet.