The Missouri Petition for Appointment of Guardian and Conservator is a legal document used when a person is unable to manage their own affairs due to age, injury, illness, or disability. The petition is filed with the court to request that a guardian and/or conservator be appointed to oversee the individual’s personal care, finances, and other legal matters. The court will review the petition and make a decision based on the individual's best interests. There are two types of Missouri Petition For Appointment of Guardian and Conservator: Petition for Appointment of a Guardian and Petition for Appointment of a Conservator. The Petition for Appointment of a Guardian is used to request a court-appointed guardian for an individual who is unable to make decisions regarding personal care, such as medical treatment and living arrangements. The Petition for Appointment of a Conservator is used to request a court-appointed conservator to manage financial affairs for an individual who is unable to do so due to age, injury, illness, or disability.
Missouri Petition For Appointment of Guardian and Conservator
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FAQ
A parent of a child cannot be denied visitation without some kind of hearing. When the court considers its custody decision, it will often consider the issue of visitation at the same time. It may also occur at a later time pursuant to another motion or hearing.
Guardianship is a permanency option for children for whom reunification or adoption is not feasible. In Missouri, orders of guardianship are entered by the Probate Court. Guardianship requires the caretaker to assume a high level of responsibility and authority over the child.
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.
Custody is determined in Family Court. Guardianship is a court-ordered relationship where an adult is appointed by the court to care for a minor child ("ward") whose circumstances require it, and to make decisions about the child's education, support and maintenance.
The Guardians' Right to Restrict Visitation/Contact with Adults. If there is a guardian over an adult, the guardian does have the ability to restrict other people's contact with the protected person in limited circumstances.
Missouri law allows parents to nominate a guardian to take care of their child even when they are alive. Such a circumstance could occur if the parents are unable to take care of their child, for instance due to being extremely ill. However, such a guardianship cannot last for more than a year.
Parental rights usually include the option to spend time with the child, as well as the authority to make major decisions and sign contracts for the child. Having a guardian does not generally change this. After a guardian is appointed, the parent may continue to have custody.
A guardian shall exercise authority only as necessitated by the adult ward's limitations and, to the extent possible, shall encourage the adult ward to participate in decisions, act on the adult ward's own behalf, and develop or regain the capacity to manage the adult ward's personal affairs.