The Whole Person may be able to help you petition for Guardianship or Conservatorship for your loved one.
Courts have held that Guardianship is appropriate if an individual lacks capacity to meet essential requirements for food, clothing, shelter, safety or other care such that serious physical injury, illness or disease is likely to occur.
What is a guardian?
A guardian is a person appointed by a court who is responsible for the care and custody of a minor or other individual who has been legally determined to be incapacitated. This determination is made after the court ascertains that a person is unable to make decisions affecting their care. If it is decided that the person lacks the capacity for their own care, a guardian is appointed to make decisions for the minor or individual.
What is a conservator?
A conservator is similar to a guardian. The difference is that a conservator is appointed by a court to handle the financial affairs of a minor or other individual legally determined to be disabled and/or lacking the capacity to make their own financial decisions.
After you provide the requested information, The Whole Person (TWP) Legal Team will assess your case in full and determine if TWP can offer you our services and represent you on your Guardianship case. They will review a fee agreement with you at that time.
How are these decisions made?
A petition for Guardianship or Conservatorship is filed in the circuit court, probate division of the county where the affected person resides, owns property, or is currently located. The court may require the conservator to post a bond. The amount of the affected individual’s estate will determine the amount of the bond. This allows the individual’s estate to be protected should the conservator not perform their responsibilities.
What are the responsibilities for Guardians and Conservators?
A guardian is responsible for the care and protection of the affected individual. The guardian is required to act in the best interest of the individual. They are to provide for the individual’s care, treatment, safety, and welfare. They must ensure that the individual is living in the least restrictive setting that is available. This does not mean that the guardian uses any of their own resources to provide for the individual they care for. When the individual’s estate and/or public benefits are not able to meet the needs of the individual, the guardian may apply for county funds to support the individual’s needs.
A conservator is responsible for managing all the individual’s financial items. This is done under the court’s supervision and includes protecting and preserving the individual’s estate, carefully investing their assets, keeping records of the property of the estate, and performing all other duties required under the law. Depending on the specific duty, the conservator may or may not need to obtain court authorization or approval. All acts of a conservator must be in the best interests of the individual and their estate and assets. The law requires strict reporting of all financial transactions to the court regardless of the size of the individual’s estate.
- Who can file for Guardianship? Anyone over 21 years of age can petition.
- Who can be a Guardian? Courts prefer relatives, but can appoint a public administrator.
- Why have an attorney? The state of Missouri requires an attorney for guardianship.
- Can The Whole Person help in Kansas cases? Not at this time.
- Is there a fee involved? Yes. TWP will charge on a sliding scale, based on income. There will also be a charge for court fees that vary between counties.
- Can a Guardian be paid? A Guardian can apply for reasonable fees.
- What is the procedure for the appointment of a Guardian? A probate court will appoint a Guardian after a hearing, if medical evidence of incapacity is produced.