Missouri Guardianship And Conservatorship Legal Questions

While you can do this in your Will (not your Living Will, which is an advance directive for health care when you are in extremis), it is often better to have a separate document, a Declaration of Guardian for Our Minor Children, signed by you and your husband.  You can easily change this as circumstances change without paying for a new Will or Codicil (Will amendment).  People who are great with little ones may not be equipped to handle teenagers.... Read More

Both parents are a child's natural guardian without any court action.  Both parents (not one parent alone) can sign a Temporary Power of Attorney for Our Minor Child, revocable at Will, allowing another adult to take their child to the doctor, enroll him in school, etc.  The fact that the father is in prison and not active in the child's life does not negate the need for his signature.  Only court termination of parental rights, voluntary or involuntary, would do this.... Read More

Neither will in itself enable you to carry your grandson on your health insurance. Whether he needs a guardian or can grant a medical and a durable (financial) power of attorney turns on his legal capacity.  Some people diagnosed with autism are high functioning and can grant a medical and even a durable power of attorney.  Some require a guardian. Different states require different medical evidence.  You may want to consult a special needs attorney who handles guardianships.  To find one near you, please see the website of the National Academy of Elder and Special Needs Law Attorneys (www.naela.org).    ... Read More

While your description is unclear and it is not clear how it relates to your question, one possible aspect can be addressed.  In most states your mother can write a letter to the court requesting that her rights be restored and does not need a lawyer to do so.  If this is not a question of restoration of rights but of transfer of guardianship, more information is needed, such as whether you were the former guardian.... Read More

Consult with a local guardianship attorney about applying for guardianship.  It may be awarded if your daughter is unable to provide for her food, shelter or medical care, allowing the guardian, in some states, to consent to medication and to bring her to a psychiatric facility for an evaluation -- but not to admit her against her will.... Read More

Some special needs and elder law attorneys (and some probate attorneys) handle guardianships.  Your state may or may not require additional training.  If it does, you will need an attorney who has received that training and qualified.  Call the Missouri State Bar to ask.  You can then check with the Special Needs Alliance or use the Find a Lawyer function on the website of the National Academy of Elder and Special Needs Law Attorneys (www.naela.org).  If your son is high functioning and your state has Supported Decision Making Agreements, that may substitute for a guardianship.  Also check to see whether your ex has timely filed an inventory, annual accountings and reports on your son's well being for court auditing.  Based on your description, that seems unlikely and would be grounds for removal.... Read More

Dear Anonymous, Your questions did not indicate if you were inquiring of guardianship of minors or adults, but I am going to go with adults without having all the details needed to give you a more accurate answer.  All information provided below is directly from or based upon the State of Illinois' Probate Act ILCS 755: GUARDIANSHIP OF THE PERSON OF DISABLED ADULTS:  To the extent ordered by the court and under the direction of the court, a personal guardian has custody over the Ward and the Ward's minor children and adult dependant children and shall procure for them and make provision for their support, care, comfort, health, education and maintenance.  If the Ward is married, that spouse cannot be deprived of the custody and education of the Ward's minor children and adult dependant children  without that spouse's content unless the judge finds the spouse to be unfit and incompetent.  The guardian shall assist the Ward in the development of maximum self reliance and independence.The guardian will make periodic reports to the courts as ordered as to the Ward's condition and can petition court for the guardian of the estate to make payment of any fees needed for any professional services which were necessary for the care of the Ward.  A guardian CANNOT  unilaterally admit a Ward to a mental health facility. GUARDIANSHIP OF THE ESTATE OF DISABLED ADULTS:  To the extent specified in the court order establishing the guardianship, the guardian of the estate shall have the care, management and investment of the estate, shall manage the estate frugally and shall apply the income and principle of the estate so far as necessary for the comfort and suitable support and education of the Ward, his minor and adult dependent children, and persons related to him by blood or marriage who are dependent upon or entitled to support from him, or for any other purposes which the court deems to be in the best interests of the Ward.  The guardian  may make disbursement of his Ward's funds and estate directly to the Ward or other distributee or in such other manner  and in such amounts as the court directs. To sum up all that legal mumbo jumbo:  Someone's got to look out for the person's person and someone's got to watch over the person's money.  Sometimes that can be the same person and sometimes not because you cannot  trust just anybody to hold your money...sometimes not even your mama.  You also asked if a guardian is an officer of the court.  The answer to that is no, but they have to make requests of the court before they do certain things.  This ensures the best interests of the Ward is being carried forth.  You may be thinking of a Guardian Ad Litem (GAL) - who IS an officer of the court.  This is someone appointed to do an assessment of the prospective Ward prior to the court making any sort of ruling and entering any sort of order. Hope this has helped in some way.  Best wishes with your matter.... Read More