Guardianship in Missouri

State-specific overview · Estate & Probate

Quick summary

Missouri requires clear and convincing evidence of incapacity and mandates appointment of a legal representative for the allegedly incapacitated person.

How Missouri treats Guardianship

Missouri courts must appoint a legal representative (often called a guardian ad litem or attorney) to protect the interests of the person whose guardianship is being sought. The state requires clear and convincing evidence that the individual cannot manage their personal care or property before establishing guardianship. Missouri allows limited guardianship and encourages courts to choose the least restrictive alternative. Guardians must file annual reports and accountings with the probate court.

The general definition of Guardianship

A court-ordered arrangement where one person has legal authority to care for another who cannot care for themselves.

Guardianship is a legal relationship created by a court when someone (the ward) cannot make decisions for themselves due to age, disability, or incapacity. The guardian has the power to make medical, educational, and financial decisions for the ward. It's often used for minor children whose parents have died or are unfit, or for adults with severe mental or physical disabilities.

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This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Missouri.