Determine if you are eligible to become a guardian

In Missouri, individuals must meet certain criteria to be eligible to become a guardian. 

To determine if you are eligible to become a guardian in Missouri, you must meet certain criteria set forth by state law. Here are some key factors to consider:

Relationship to the Ward : In Missouri, a guardian is typically a family member or close friend of the ward. The court will consider the relationship between the proposed guardian and the ward when determining eligibility. It is important to have a strong and positive relationship with the individual you are seeking guardianship for.

Age : In Missouri, a guardian must be at least 18 years old. This requirement ensures that the guardian is mature enough to handle the responsibilities that come with caring for a minor child or incapacitated adult.

Legal Capacity : A guardian must also have the legal capacity to make decisions on behalf of the ward. This means that the guardian must be of sound mind and not under any legal incapacity that would prevent them from fulfilling their duties.

Criminal Background Check : In Missouri, potential guardians must undergo a criminal background check to ensure they do not have a history of criminal activity that could pose a risk to the ward.

Financial Responsibility : Guardians must be financially stable and able to provide for the needs of the ward. The court will assess the guardian's financial situation to ensure they have the means to care for the ward.

Determine what type of guardianship you are seeking

The first step in determining what type of guardianship you are seeking is to assess the needs of the individual in question. Are they a minor who needs someone to make decisions on their behalf until they reach the age of majority? Are they an adult with a disability who is unable to make decisions for themselves due to their condition? Are they an elderly individual who is no longer able to make decisions for themselves due to cognitive decline?

Once you have determined the needs of the individual, you can then decide what type of guardianship is most appropriate. In Missouri, there are three main types of guardianship that you may seek:

Guardian of the person

This type of guardianship grants the guardian the authority to make decisions regarding the individual's personal and medical care. This may include decisions about where the individual will live, what medical treatments they will receive, and other personal matters.

Guardian of the estate

This type of guardianship grants the guardian the authority to make decisions regarding the individual's financial affairs. This may include managing the individual's assets, paying bills, and making financial decisions on their behalf.

Limited guardianship

This type of guardianship grants the guardian limited authority to make decisions on behalf of the individual. This may be appropriate in cases where the individual is able to make some decisions for themselves but still needs assistance in certain areas.

File a petition for guardianship

To begin the process of obtaining legal guardianship in Missouri, you must file a petition with the probate court in the county where the person you wish to become guardian for resides. The petition should include information about yourself, the person you wish to become guardian for, and the reasons why guardianship is necessary.

Serve notice to interested parties

After filing the petition, you must serve notice to interested parties, such as the person you wish to become guardian for, any living parents, spouses, and other relatives. This ensures that all parties are notified of the petition and have the opportunity to object to the guardianship.

Attend a hearing

The court will schedule a hearing to review the petition for guardianship. At the hearing, you will have the opportunity to present evidence and testimony to demonstrate why guardianship is necessary. The court will consider the best interests of the person you wish to become guardian for when making a decision.

Obtain a court order

If the judge approves the guardianship, a court order will be issued granting you legal guardianship. This court order will outline your responsibilities as a guardian and the rights and duties of the individual under guardianship.

Fulfill ongoing responsibilities

As a legal guardian, you have ongoing responsibilities to ensure the well-being of the person you are caring for.

One of the most important ongoing responsibilities of a guardian in Missouri is to act in the best interests of your ward at all times. This means making decisions that are in their best interests, even if they may not necessarily align with your own personal preferences or beliefs. It is essential to always keep the well-being and needs of your ward at the forefront of your decision-making process.

Another crucial aspect of being a guardian in Missouri is to file annual reports with the court. These reports detail the physical and mental condition of your ward, as well as any care or services provided to them throughout the year. By submitting these reports to the court, you are demonstrating your commitment to fulfilling your duties as a guardian and ensuring transparency in your actions.

In addition to filing annual reports, it is also important to maintain regular communication with your ward and any relevant professionals involved in their care. This can include medical professionals, social workers, and other support staff who play a role in the well-being of your ward. By staying informed and involved in your ward's care, you can ensure that their needs are being met and that any necessary adjustments to their care plan are made promptly.

Furthermore, guardians in Missouri are responsible for managing the finances and assets of their wards. This includes making financial decisions on their behalf, such as paying bills, managing investments, and ensuring that their assets are protected. It is essential to keep detailed records of all financial transactions and to act in a fiduciary capacity when handling your ward's finances.

File annual reports

Once you have been granted legal guardianship, you will need to file annual reports with the court detailing the well-being of the individual under guardianship. These reports will help the court ensure that the individual is being properly cared for and that their best interests are being met.

Discuss Your Concerns With an Attorney

Guardianship is a serious legal issue that requires careful consideration and competent legal representation. By discussing your concerns with Michael J. Englert, Attorney at Law , you can rest assured that your interests will be protected and that you will have a knowledgeable advocate by your side every step of the way. Don't hesitate to reach out to Michael J. Englert today to schedule a consultation and discuss your guardianship concerns. With his expertise and dedication to his clients, you can trust that you will receive the guidance and support you need to navigate the guardianship process with confidence.