How do I petition for guardianship or conservatorship in Missouri?
1. Terminology. Missouri uses 'guardian' for the person and 'conservator' for the estate, for both incapacitated adults and minors.
2. Adult Guardianship. Under Mo. Rev. Stat. § 475.030, a guardian may be appointed for an 'incapacitated person' — an adult who is unable by reason of any physical, mental, or cognitive condition to receive and evaluate information or to communicate decisions to such an extent that they lack capacity to meet essential requirements for food, clothing, shelter, safety, or other care.
3. Adult Conservatorship. Under § 475.030, a conservator is appointed for a 'disabled person' unable to manage financial resources.
4. Minor Guardianship/Conservatorship. Available under § 475.030 when parents are deceased, unwilling, or unable.
5. Petition. File in the probate division of the circuit court of the county where the respondent resides (§ 475.035). Personal service on the respondent at least seven days before hearing; notice to spouse, parents, adult children, siblings.
6. Court Investigator / GAL. Counsel must be appointed for the respondent (§ 475.075); a GAL may also be appointed.
7. Capacity Evaluation. A report from a physician, licensed psychologist, or other appropriate professional is required; clear and convincing evidence standard.
8. Hearing & Order. Respondent has rights to attend, counsel, cross-examine, present evidence, and a jury trial (§ 475.075). Court must impose the least restrictive alternative and may grant limited guardianship.
9. Powers & Duties. Bond required for conservator (§ 475.105); inventory within 30 days; annual settlement; court approval for sale of real estate (§ 475.190).
10. Alternatives. Durable POA (§ 404.700), health care POA (§ 404.800), and outpatient mental health authorizations.
11. Termination & UAGPPJA. Termination on restored capacity (§ 475.083), death, or minor reaching 18. Missouri adopted UAGPPJA at Mo. Rev. Stat. § 475.501 et seq.
This is legal information, not legal advice.
- Limited guardianship petitions specifying scope of authority
- Disputes between guardian and conservator when serving as different fiduciaries
- Termination or modification based on restored capacity
- Mo. Rev. Stat. Ch. 475
- Mo. Rev. Stat. § 475.030
- Mo. Rev. Stat. § 475.075
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.