One of the best ways to protect a loved one who is unable to make their own decisions (either because they are under the age of 18 or they are an incapacitated adult) is by establishing a guardianship. If you’re looking to do so, our seasoned team of St. Louis guardianship lawyers is here to help. Contact the Stobie Family Law Group today so we can get you the peace of mind you deserve.
Guardianship Lawyers in St. Louis, Missouri
A guardianship is a legal arrangement in which a court appoints an individual (the guardian) to make decisions for another person (the ward) who is unable to do so on their own. This situation typically arises when the ward is a minor or an incapacitated adult who cannot manage their own affairs due to physical or mental limitations. In Missouri, a guardianship grants the guardian the legal authority to make decisions regarding the ward’s personal, medical, and sometimes financial matters, depending on the type of guardianship established. This arrangement is designed to protect the ward’s best interests and ensure their well-being.
Types of Guardianships in Missouri
In Missouri, there are several types of guardianships, each tailored to meet the specific needs of the ward:
- Full Guardianship: This type grants the guardian complete authority to make decisions for the ward, including personal care, medical treatment, and living arrangements. It is typically used when the ward is entirely unable to manage their own affairs due to significant incapacity.
- Limited Guardianship: A limited guardianship is appropriate when the ward can make some decisions independently but still requires assistance in certain areas. The court will specify the extent of the guardian’s authority, limiting it to particular aspects of the ward’s life, such as medical or educational decisions.
- Emergency Guardianship: In cases where an immediate decision is needed to protect the ward’s health or safety, the court may appoint a temporary or emergency guardian. This type of guardianship is usually short-term and limited to addressing the urgent situation.
- Co-Guardianship: This occurs when the court appoints more than one guardian to share responsibilities for the ward. Co-guardianship can help distribute the duties among family members or trusted individuals, ensuring a more comprehensive approach to the ward’s care.
The Guardianship Process in Missouri
Establishing a guardianship in Missouri involves several steps to ensure the process is fair and that the ward’s rights are protected:
- File a Petition: The process begins by filing a petition for guardianship with the probate court in the county where the ward resides. This petition must detail the reasons for seeking guardianship and include evidence of the ward’s incapacity.
- Provide Notice: All interested parties, including the ward, close family members, and any current caretakers, must be notified about the guardianship proceedings. This allows them to participate in the process or contest the petition if they believe guardianship is not warranted.
- Court Investigation: The court may order an investigation to assess the ward’s condition and the necessity of a guardianship. This investigation may include medical evaluations, interviews with the proposed guardian, and a review of the ward’s circumstances.
- Court Hearing: A hearing is held where the petitioner must present evidence demonstrating the need for guardianship. The proposed guardian’s qualifications and ability to care for the ward are also evaluated. If the court finds guardianship is necessary and in the ward’s best interests, it will issue an order appointing the guardian.
- Ongoing Supervision: After the appointment, the guardian must submit regular reports to the court regarding the ward’s condition and any major decisions made. This supervision ensures the guardian is fulfilling their responsibilities appropriately.
Termination of Guardianship
A guardianship does not last forever; it can be terminated under certain circumstances in Missouri:
- The Ward Regains Capacity: If the ward recovers or improves to the point where they can manage their own affairs, the court may end the guardianship upon receiving proof of the ward’s regained capacity.
- The Ward Reaches Adulthood: In cases involving minors, the guardianship typically terminates automatically when the ward turns 18, unless the court finds continued guardianship is necessary due to ongoing incapacity.
- The Guardian or Ward Passes Away: The death of either the guardian or the ward will result in the termination of the guardianship. If the guardian passes away, the court may appoint a successor if the guardianship is still needed.
- Court Decision to Terminate: A guardianship may be terminated if the court determines that it is no longer necessary, such as when the ward’s circumstances change or when an alternative arrangement is deemed more appropriate.
Contact Our Guardianship Lawyers Today
Don’t go through the process of obtaining a guardianship on your own. Our guardianship lawyers have extensive experience assisting clients to obtain guardianships in Missouri, and we’re ready to put that experience to work for you. Contact the estate lawyers here at the Stobe Family Law Group today so we can get started working on your case.
