Guardianship & Conservatorship
Guardianships and Conservatorships are typically needed in three situations:
- When a minor child’s natural parents are not fit, willing, and able to parent the child. Gaining third-party custody of a child can be an uphill battle. There is a presumption in Missouri law that a child’s biological parents are most fit to be that child’s legal guardian. However, there are times when the best interests of the child require that child be placed with a third party, typically a loving family member. These situations most often arise when the Department of Family Services has been called into a home due to concerns for the child’s health, safety, and wellbeing. In the unfortunate event that a child in your life is suffering from abuse or neglect, our attorneys can help you navigate the ins and outs of third-party custody.
- When an adult is incapacitated in such a manner that they are not able to manage their own finances or provide for their own physical health. As our loved one’s age, they may begin experiencing a mental and physical decline that prevents them from managing their own finances and caring for their own physical wellbeing. Guardianship and Conservatorship allows another individual to manage the individual’s funds, pay their bills, ensure they have adequate housing, and make their healthcare decisions. This action can help adult children protect their elderly parents from catfishing and financial abuse.
- Guardianship and Conservatorship may also be necessary when an adult suffers from a mental disability. If you are the parent of a disabled child, you should consider obtaining Guardianship and Conservatorship over the child once they turn eighteen so that you as their parent can continue to provide the same level of care the child needed as a minor.
Filing for Guardianship and Conservatorship is not a decision that should be made lightly. Once Guardianship and Conservatorship is granted, the individual loses their ability to contract, marry, vote, and own a firearm.