Missouri Adult Guardianship and Conservatorship Petition Package

Missouri Adult Guardianship and Conservatorship Petition Package

Part 1 — Pre-Petition Checklist

☐ Confirmed Respondent meets RSMo § 475.010 definition of "incapacitated person" (unable to receive and evaluate information or to communicate decisions to such an extent that the person lacks capacity to meet essential requirements for food, clothing, shelter, safety, or other care) and/or "disabled person" (unable to manage financial resources).
☐ Confirmed venue: probate division of the circuit court in the county of residence; if no Missouri residence, where Respondent is located or where property is located.
☐ Reviewed RSMo § 475.045 priority list for appointment (spouse, parent, adult children, other relatives, etc.).
☐ Confirmed proposed guardian/conservator is not disqualified under RSMo § 475.050.
☐ Least restrictive alternative analysis completed per RSMo § 475.075.13 (mandatory finding by the court).
☐ Identified all interested persons required to receive notice under RSMo § 475.070 (spouse, parents, adult children, persons having custody, attorney-in-fact, healthcare agent).
☐ Obtained or arranged for a current Physician's Statement required under RSMo § 475.075.
☐ Confirmed attorney will be appointed for Respondent under RSMo § 475.075.4 (Respondent has the right to counsel; if no counsel and Respondent is indigent, the court SHALL appoint).
☐ Determined whether to seek:
☐ Guardianship of the person (for incapacitated person);
☐ Conservatorship of the estate (for disabled person);
☐ Limited guardianship / conservatorship under RSMo § 475.075.13;
☐ Both guardianship and conservatorship in a single petition.
☐ Caution: A conservator who is not a licensed attorney CANNOT represent the protectee's estate in court proceedings.
☐ Filing fee, bond, and inventory deadlines verified with local probate division.
☐ Determined whether emergency / temporary guardianship under RSMo § 475.075.10 is necessary pending hearing.

Part 2 — Verified Petition for Appointment of Guardian and Conservator

VERIFIED PETITION FOR APPOINTMENT OF GUARDIAN AND/OR CONSERVATOR

COMES NOW Petitioner, [PETITIONER NAME], by and through counsel, and pursuant to RSMo § 475.060 respectfully petitions the Court for the appointment of a guardian and/or conservator, and in support states:

1. Petitioner

2. Respondent — RSMo § 475.060(1)

3. Estimated Value of Real and Personal Property — RSMo § 475.060(2)

4. Parents — RSMo § 475.060(4)

5. Spouse and Living Children — RSMo § 475.060(5)

6. Person Having Custody of Respondent — RSMo § 475.060(6)

7. Existing Guardian/Conservator (if any) — RSMo § 475.060(7)

☐ None
☐ The following:
[________________________________]

8. Other Wards/Protectees of Proposed Fiduciary — RSMo § 475.060(8)

☐ None (or proposed fiduciary is the public administrator)
☐ The following:
[________________________________]

9. Statement of Incapacity / Disability — RSMo § 475.060(9)

Respondent, by reason of the following physical or mental condition(s):

[________________________________]

is unable to receive and evaluate information or to communicate decisions to such an extent that Respondent lacks capacity to meet essential requirements for ☐ food ☐ clothing ☐ shelter ☐ safety ☐ other care such that serious physical injury, illness, or disease is likely to occur, AND/OR is unable to manage financial resources.

10. Reasons Appointment Is Sought — RSMo § 475.060(10)

[________________________________]

11. Proposed Guardian / Conservator

12. Less Restrictive Alternatives — RSMo § 475.075.13

Petitioner asserts and the Court must find that no less restrictive alternative is available. Petitioner has considered:

13. Scope of Appointment Requested

☐ Guardian of the Person of Incapacitated Person
☐ Conservator of the Estate of Disabled Person
☐ Guardian AND Conservator (most common adult case)
☐ Limited Guardianship (specify retained rights): [____________]
☐ Limited Conservatorship (specify retained powers): [____________]
☐ Emergency/Temporary appointment under RSMo § 475.075.10

14. Prayer for Relief

WHEREFORE, Petitioner prays:

a. That the Court set this Petition for hearing under RSMo § 475.075;
b. That the Court order notice under RSMo § 475.070;
c. That the Court appoint an attorney to represent Respondent under RSMo § 475.075.4;
d. That the Court order a physician's examination under RSMo § 475.075.5–7 if not already supplied;
e. That after hearing, the Court adjudge Respondent an incapacitated and/or disabled person;
f. That the Court appoint [PROPOSED FIDUCIARY] as guardian and/or conservator;
g. That bond be set at $[__________] pursuant to RSMo § 475.100;
h. That Letters of Guardianship / Conservatorship issue; and
i. For such other relief as just and proper.

VERIFICATION

I, [PETITIONER NAME], declare under penalty of perjury under the laws of the State of Missouri that the foregoing Petition is true and correct.

Part 3 — Notice to Respondent (Personal Service Required)

NOTICE TO RESPONDENT OF FILING OF PETITION

TO: [RESPONDENT NAME]

A Petition has been filed in the Probate Division of the Circuit Court of [______________] County, Missouri, Case No. [____________], asking the Court to find you incapacitated and/or disabled and to appoint a guardian and/or conservator for you.

IF GRANTED, you may lose the legal right to make decisions about your healthcare, residence, finances, ability to enter contracts, drive, vote, marry, and other important matters.

YOU HAVE THE FOLLOWING RIGHTS UNDER MISSOURI LAW (RSMo § 475.075):

☐ The right to be present at the hearing;
☐ The right to be represented by an attorney; if you cannot afford one, the Court will appoint one for you (RSMo § 475.075.4);
☐ The right to have an independent medical examination at the expense of the petitioner or the estate;
☐ The right to present evidence and witnesses;
☐ The right to cross-examine witnesses;
☐ The right to a jury trial;
☐ The right to a determination by clear and convincing evidence;
☐ The right to require the court to consider less restrictive alternatives (RSMo § 475.075.13).

HEARING:

Served by: [____________] Date: [__/__/____] Method: ☐ Personal Service (REQUIRED)

Part 4 — Notice to Interested Parties (RSMo § 475.070)

NOTICE OF PETITION AND HEARING

TO: [NAME], [RELATIONSHIP]

PLEASE TAKE NOTICE that [PETITIONER NAME] has filed a Verified Petition for Appointment of Guardian and/or Conservator for [RESPONDENT NAME] in the Probate Division, Circuit Court of [______________] County, Missouri, Case No. [____________].

A hearing is scheduled for:

You may appear and be heard. If you object, file your written objection with the Clerk no later than [____] days before the hearing.

Persons Entitled to Notice under RSMo § 475.070:

Part 5 — Physician's Statement / Examination Report (RSMo § 475.075)

PHYSICIAN'S / LICENSED PSYCHOLOGIST'S STATEMENT

Respondent: [_______________________]
Date of Examination: [__/__/____]
Examiner Name: [_______________________]
Examiner Credentials: ☐ Physician ☐ Licensed Psychologist ☐ Other: [____]
License No.: [_______________________]
Address: [_______________________]

A. Diagnosis / Conditions Causing Incapacity or Disability

[________________________________]

B. Onset, Duration, and Prognosis

C. Functional Capacity Assessment

D. Opinion on Least Restrictive Placement (RSMo § 475.075.13)

☐ Independent living with assistance
☐ Assisted living / group home
☐ Skilled nursing facility
☐ Other: [____________]

E. Opinion as to Need for Guardian / Conservator

☐ Guardian of the person is needed; reasons: [____________]
☐ Conservator of the estate is needed; reasons: [____________]
☐ Both needed
☐ Limited guardianship/conservatorship sufficient
☐ Less restrictive alternative is sufficient: [____________]

F. Ability to Attend Hearing

☐ Can attend without harm to health
☐ Attendance would be detrimental (explain): [____________]

G. Examiner's Sworn Statement

I declare under penalty of perjury that the foregoing is true and correct based on personal examination of Respondent.

Part 6 — Order Appointing Attorney for Respondent / Guardian ad Litem

ORDER APPOINTING ATTORNEY FOR RESPONDENT (RSMo § 475.075.4)

The Court FINDS that Respondent is entitled to representation by counsel in these proceedings. The Court therefore APPOINTS:

[ATTORNEY NAME], Missouri Bar No. [______], as attorney for Respondent.

Appointed counsel shall:

☐ Meet with Respondent in person within [____] days;
☐ Advise Respondent of the nature of the proceedings and Respondent's rights;
☐ Investigate the facts alleged in the Petition;
☐ Determine whether Respondent wishes to contest the Petition;
☐ Present evidence and cross-examine witnesses on Respondent's behalf;
☐ Appear at the hearing.

If a guardian ad litem is appropriate in addition to or instead of counsel, the Court further appoints [NAME] as Guardian ad Litem.

Compensation: ☐ From estate ☐ From Petitioner ☐ County funds

Part 7 — Less Restrictive Alternative Analysis (RSMo § 475.075.13)

CERTIFICATION — LEAST RESTRICTIVE ALTERNATIVE

Missouri law (RSMo § 475.075.13) requires the Court to find that the guardianship or conservatorship imposed is the LEAST RESTRICTIVE alternative consistent with the welfare and protection of the ward/protectee, and that the court shall encourage maximum self-reliance and independence.

Petitioner's Statement of Least Restrictive Alternative:

☐ Plenary guardianship of the person
☐ Plenary conservatorship of the estate
☐ Limited guardianship: [____________]
☐ Limited conservatorship: [____________]

Part 8 — Bond (RSMo § 475.100)

CONSERVATOR'S BOND

Pursuant to RSMo § 475.100, every conservator (other than a corporate fiduciary exempted by law) shall furnish a bond.

Bond Amount: $[__________]

calculated as not less than the value of personal property plus one year's anticipated income.

☐ Bond required as set forth above.
☐ Bond reduced for stated reasons: [____________]
☐ Bond waived under specific statutory exception: [____________]

Part 9 — Notice of Hearing

NOTICE OF HEARING ON PETITION

PLEASE TAKE NOTICE that the Verified Petition for Appointment of Guardian and/or Conservator for [RESPONDENT NAME] will be heard at:

All interested persons may appear and be heard.

Part 10 — Final Order Appointing Guardian / Conservator and Letters

ORDER ADJUDGING INCAPACITY/DISABILITY AND APPOINTING GUARDIAN AND/OR CONSERVATOR

This matter came on for hearing on [__/__/____] on the Verified Petition. The Court heard testimony, received the physician's statement, considered the report of counsel for Respondent, and reviewed the entire record. The Court FINDS by clear and convincing evidence:

1. ☐ The Court has jurisdiction and venue is proper.
2. ☐ Notice has been given as required by RSMo § 475.070.
3. ☐ Respondent has been afforded the right to counsel and the right to be heard.
4. ☐ Respondent is an incapacitated person and/or a disabled person within RSMo § 475.010.
5. ☐ No less restrictive alternative is sufficient to meet Respondent's needs (RSMo § 475.075.13).
6. ☐ [PROPOSED FIDUCIARY] is qualified, not disqualified under RSMo § 475.050, and is the most suitable person.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:

A. Respondent is found to be an ☐ Incapacitated Person ☐ Disabled Person ☐ Both.

B. [NAME] is APPOINTED:

☐ Guardian of the Person of the Ward
☐ Conservator of the Estate of the Protectee
☐ Both Guardian and Conservator

C. Guardian / Conservator powers pursuant to RSMo § 475.120 and as further limited:

☐ Determine residence
☐ Consent to medical treatment
☐ Manage all financial affairs
☐ Receive income and pay expenses
☐ Apply for and manage public benefits
☐ Enter into contracts
☐ Other: [____________]

D. Limited Guardianship / Conservatorship. The following are RETAINED by the ward/protectee:

☐ Right to vote
☐ Right to marry
☐ Right to make personal medical decisions of limited scope
☐ Right to communicate freely
☐ Other: [____________]

E. Bond is set at $[__________] [☐ or waived under specific statutory exception].

F. Initial Inventory under RSMo § 475.160 shall be filed within thirty (30) days of qualification.

G. Annual Settlement / Accounting by Conservator under RSMo § 475.270 shall be filed each year.

H. Annual Status Review by the Court under RSMo § 475.082 shall occur.

I. Letters of Guardianship and/or Conservatorship shall issue upon qualification.

LETTERS OF GUARDIANSHIP AND/OR CONSERVATORSHIP

STATE OF MISSOURI, COUNTY OF [_____________]

These Letters are issued to [NAME], who is authorized to act as ☐ Guardian of the Person of the Ward ☐ Conservator of the Estate of the Protectee for [RESPONDENT NAME], with the powers set forth in the Order entered [__/__/____] under RSMo Chapter 475.

Part 11 — Initial Inventory and Annual Settlement (RSMo § 475.160; § 475.270)

INITIAL INVENTORY (RSMo § 475.160)

Within thirty (30) days of qualification, the Conservator shall file with the Court an Inventory and Appraisement of all assets.

ANNUAL SETTLEMENT / ACCOUNTING (RSMo § 475.270)

The Conservator shall file an annual settlement with the Court no later than the anniversary of qualification (or as the Court otherwise directs). The settlement shall include:

☐ Itemized statement of all receipts
☐ Itemized statement of all disbursements
☐ Inventory of all assets at end of period
☐ Supporting documentation (bank statements, invoices, receipts)
☐ Status report on protectee's welfare and the conservatorship
☐ Bond verification (if applicable)

COURT'S ANNUAL STATUS REVIEW (RSMo § 475.082)

At least annually, the Court shall inquire into the status of every adult ward and protectee to determine whether the guardianship/conservatorship should continue, be modified, or be terminated.

Sources and References

• Missouri Revised Statutes, Chapter 475 (Guardianship Code): https://revisor.mo.gov/main/Home.aspx?chapter=475
• RSMo § 475.060 — Petition contents: https://revisor.mo.gov/main/OneSection.aspx?section=475.060
• RSMo § 475.075 — Hearing on capacity or disability; appointment of attorney; physician's examination
• RSMo § 475.082 — Court's annual review
• 16th Circuit (Jackson County / Kansas City) Probate Division Forms: https://www.16thcircuit.org/probate
• St. Louis County Probate Division Forms: https://stlcountycourts.com/forms/probate-forms/
• City of St. Louis Probate Division Forms
• Missouri Bar Probate & Trust Committee guidance