Missouri Conservatorship Questionnaire

State:
Multi-State
Control #:
US-Q1007
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a conservatorship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Except as otherwise limited by the court, a guardian shall make decisions regarding the adult ward's support, care, education, health, and welfare.

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.

The judge or jury will determine whether the individual needs a guardian and /or conservator. The decision is based on evidence that demonstrates capacity and disability of the individual. Once adjudicated, the judge will determine the degree of need for intervention based on the incapacity of the person.

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.

Compensation of guardians and conservators. ? A guardian or conservator shall be allowed such compensation for his services as guardian or conservator, as the court shall deem just and reasonable.

As of , the average hourly pay for a Public Guardian in Missouri is $54.45 an hour. While ZipRecruiter is seeing salaries as high as $90.66 and as low as $12.83, the majority of Public Guardian salaries currently range between $34.81 (25th percentile) to $78.70 (75th percentile) in Missouri.

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.

On the other hand, guardianship and conservatorship for an incapacitated and disabled person terminate only when the protectee is found to be competent by the court or upon the death of the protectee.

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Missouri Conservatorship Questionnaire