Missouri Sample Letter for Petition to Substitute Conservator
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How to fill out Sample Letter For Petition To Substitute Conservator?
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FAQ
Durable powers of attorney are generally recognized as least restrictive alternatives to the appointment of a guardian of the property.
A power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.
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.
The fact that the child has a guardian does not mean the parent has no rights. 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.
Conservatorship is similar to guardianship, but differs in that it deals only with the financial affairs of an individual. A conservator is appointed by the court after it is found that a person does not have the capacity to manage his finances, such as balancing his checkbook.
Alternatives to full guardianship include general supports (family, friends, and community resources), legal documents (such as Power of Attorney or a Living Will), advocacy organizations, and so forth. These alternatives allow individuals to hold on to some or all of their decision making rights.
In Missouri, Guardianship begins with a Petition to the probate court. This Petition states that a person needs a guardianship. Anyone can file the Petition. The court will then have to decide whether that person can make decisions for themselves.
After the court has heard medical testimony and other reliable evidence, it may declare a person to be ?incapacitated? and appoint a guardian to make decisions on the person's behalf. This determination of incapacity and the appointment of a guardian may take specific rights from the person.
