Legal Articles

Link Hearing, Guardianships-Conservatorships

Guardianship-conservatorship proceedings are subject to their own procedural and substantive rules. The general gist of the proceeding is that a petitioning party alleges that someone else is incapacitated and that the petitioner (or someone else) should be appointed as a guardian to protect the incapacitated person’s person and a conservator should be appointed to protect…

Incapacity in Litigation, Mental Examination

When a party is adjudged legally incapacitated, a guardian or conservator typically represents the incapacitated individual’s interests in legal disputes. In certain circumstances, however, a party is for all intents and purposes incapacitated but a guardianship proceeding has never been commenced and there has not been a judgment of incapacity. And because individuals are generally presumed to…

"Interested Persons" Under Missouri Probate

In Missouri, Probate proceedings are typically handled under a separate set of rules than typical civil litigation cases. Most of the Missouri Supreme Court Rules do not apply in probate proceedings and practitioners will tell you that the policies in probate courts vary from county to county. Traditional probate proceedings in Missouri relate to guardianships,…

Venue in Guardianship/Conservatorship Proceedings

At the State level “venue” refers to the county court in which a case may/should be filed & heard. While the choice of venue may seem innocuous and simply a matter of convenience, there are often strategic considerations that come into play (e.g., favorable jury pools, etc.). Venue is determine by statute. For guardianship/conservatorship proceedings,…

When is someone legally incapacitated for Guardianship/Conservatorship?

When is someone legally incapacitated for purposes of a guardianship/conservatorship? In Missouri, an “incapacitated person” is one who is unable by reason of any physical/mental condition to receive and evaluate information or to communicate decisions to such an extent that he/she lacks capacity to meet essential requirements for food, clothing, shelter, safety or other care…

Guardianship & Conservatorship: Least Restrictive Environment

Guardianship and conservatorship are orders made with respect to a minor or legally incapacitated person. Guardianship empowers a guardian to make decisions regarding the protectee’s person; conservatorship empowers a conservator to make decisions regarding the protectee’s finances. The general powers and duties of a guardian are enumerated in Section 475.120, which requires the guardian to…

Conservatorship in Missouri

Broadly speaking, Missouri statutes define both a guardian and a conservator as one appointed by a court to have the care and custody of the estate of a minor or a disabled person. Any number of persons or entities may be qualified to serve as a guardian or conservator, including private individuals, charitable organizations, and…

Temporary Guardianship

Guardianship refers to the legal authority of one individual to make decisions on behalf of another individual. Guardianship is appropriate when there is a minor child who does not have parents or existing legal guardians or when an adult becomes legally incapacitated. If a Court believes that a guardianship order is appropriate, such order does…

Guardianship, Parental Rights

Guardianship refers to the legal authority to care for a minor child or legally incapacitated adult. Natural parents automatically have this legal right over their children. When a natural parent’s passes away, or if his/her parental rights are terminated, an interested party (usually an extended family member) may petition the probate court for guardianship over…

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