You never know what may happen to your family, and one might need guardianship. But what do we mean by that? Guardianships are required in a variety of family situations, such as when parents are unable to care for a child or when an elderly person needs assistance. If you have questions concerning guardianships, click to learn more about what happens in such situations. A lawyer will work hard to resolve guardianship matters quietly and will be ready to help you with your circumstances.
Understanding guardianship in Missouri:
Guardianship entails legal authority and responsibility for another person, with the guardian accountable for the care and support of the ward, who might be a juvenile or an incompetent adult. In Missouri, a minor’s guardian has custody, control, and the responsibility to provide education and support. Guardianship and conservatorship are distinct legal positions, with conservatorship involving financial responsibilities. Conservatorships are more common for incapable people, but guardianships are more common for kids.
A guardian may be appointed in Missouri for a minor in a variety of scenarios, including when the parents have died, abandoned the minor, or are unable to give sufficient care. If you need advice or have questions regarding the guardianship procedure, our Missouri guardianship attorneys can assist you.
Who is given guardianship?
Guardianship can be given to a family member, an interested person, or the Department of Human Services Bureau of Guardianship Services (BGS). The Petition to Determine Incapacity should be submitted at the Probate court of the county in which the alleged incapacitated individual resides.
The petition must include the name, age, and residence of the claimed incapacitated person, as well as the petitioner’s details, relationship to the alleged incapacitated person, and the predominant language spoken by the alleged incapacitated person.
The names and addresses of the alleged incapacitated person’s next of kin, the alleged incapacitated person’s physician (if known), and any witnesses must also be included in the Petition to Determine Incapacity. The petitioner must disclose the reasons for believing the claimed incapacitated individual lacks capacity and whose rights they are unable to exercise. The petition must be signed under oath.
If you need help with your guardianship case and you reside in Missouri, the best option for you would be to get the help of a lawyer, as it will be difficult for you to handle it alone.