The appointment of a guardian or conservator is generally a judicial function, brought about by following the procedure set forth in the statutory law of the particular jurisdiction. This form is a generic example that may be referred to when preparing such a form for your particular state.
Missouri Petition for Appointment of Conservator or Legal Guardian of Person and Estate of Adult who Physical or Mental Infirmity or Age, is Unable to Handle Affairs
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How to fill out Petition For Appointment Of Conservator Or Legal Guardian Of Person And Estate Of Adult Who Physical Or Mental Infirmity Or Age, Is Unable To Handle Affairs?
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FAQ
Though not always absolutely necessary, a person applying for guardianship or conservatorship is probably well advised to do so with the assistance of an attorney.
? 1. The guardian of the person of a minor shall be entitled to the custody and control of the ward and shall provide for the ward's education, support, and maintenance. 2. A guardian or limited guardian of an incapacitated person shall act in the best interest of the ward.
In a situation where a loved one is incapable of making responsible decisions about his or her care, the court will appoint a guardian to step in to make decisions for the adult individual, referred to as the ?ward.? An adult guardianship is appropriate when the individual, by reason of disability or mental illness, is ...
Conservatorship is similar to guardianship, but differs in that it deals only with the financial affairs of an individual. A conservator is appointed by the court after it is found that a person does not have the capacity to manage his finances, such as balancing his checkbook.
In protecting, preserving, and managing the estate, the conservator of the estate is under a duty to use the degree of care, skill, and prudence that an ordinarily prudent person uses in managing the property of, and conducting transactions on behalf of, others.
Funds kept for current expenses (support and maintenance, claims, expenses of administration) in excess of $1,500 shall be deposited in an interest bearing checking account. See Section 35.120, Investments. The conservator may sell personal property of the estate for the purposes set forth at § 475.200, RSMo.
In Missouri, Guardianship begins with a Petition to the probate court. This Petition states that a person needs a guardianship. Anyone can file the Petition. The court will then have to decide whether that person can make decisions for themselves.
Compensation of guardians and conservators. ? A guardian or conservator shall be allowed such compensation for his services as guardian or conservator, as the court shall deem just and reasonable.