Probate Code
Each state's laws enumerate certain duties and limitations for guardians and conservators. These laws tend to be lengthy and detailed. For a comprehensive understanding of them, including relevant exceptions and requirements, the statutes themselves should be reviewed. Additionally, state laws must be read in conjunction with the order of appointment of a guardian or conservator by the judge which may further limit the guardian's powers and responsibilities.
“Guardian" means a person appointed by a court to have the care and custody of the person an incapacitated person.
“Conservator" means a person appointed by a court to have the care and custody of the estate of a disabled person.
"Ward" means an incapacitated person for whom a guardian has been appointed.
A guardian's powers and duties include, but are not limited to, the following:
- Assure that the ward resides in the best and least restrictive setting reasonably available;
- Assure that the ward receives medical care and other services that are needed;
- Promote and protect the care, comfort, safety, health, and welfare of the ward;
- Provide required consents on behalf of the ward;
- Arrange for funeral or cremation services, for life insurance to pay for the services, and to authorize payment for same from the ward's resources.
- Make decisions regarding the ward's support, care, education, health, and welfare.
A guardian shall exercise authority only as necessary given the ward's limitations and, to the extent possible, shall encourage the ward to participate in decisions, to act on his or her own behalf, and develop or regain the capacity to manage the his or her personal affairs.
A guardian is not permitted to seek admission of the ward to a mental health or intellectual disability facility for more than thirty days for any purpose without court order except as otherwise provided by law.
A conservator's powers and duties include, but are not limited to, the following:
- Protect, preserve, and manage the estate using the degree of care and skill necessary;
- Take possession of all the protectee's real and personal property and any income/proceeds payable to the protectee;
- Settle or compromise a claim against or on behalf of the protectee or the estate for not more than $5,000
- Make gifts that the protectee might have been expected to make including, but not limited to, gifts to qualify for government benefits or to reduce federal estate taxes;
- Convey, release, or disclaim contingent and expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entireties;
- Exercise or release a power of appointment;
- Create a revocable or irrevocable trust of property of the estate, whether the trust extends beyond the duration of the conservatorship, or revoke or amend a trust revocable by the protected person;
- Exercise rights to elect options and change beneficiaries under insurance policies and annuities or surrender the policies and annuities for cash value;
- Exercise any right to an elective share in the estate of the protectee's deceased spouse and to renounce or disclaim any interest by testate or intestate succession or by transfer during lifetime.
Mo. Rev. Stat. § 475.010(3), (8), (24)
Mo. Rev. Stat. § 475.094
Mo. Rev. Stat. § 475.120
Mo. Rev. Stat. § 475.130