Adult Guardianships and Conservatorships

Protecting Those Who Can No Longer Protect Themselves

Understanding Guardianship and Conservatorship in Missouri

When an adult is unable to make decisions for themselves, Missouri law provides two legal tools to ensure they are protected. A guardianship grants a designated person the legal authority to make personal and medical decisions on behalf of the individual. A conservatorship grants authority over financial decisions, including managing assets, paying bills, and handling financial affairs. In many cases, families pursue both at the same time, with the same person serving in both roles.

These are powerful legal tools because they transfer fundamental rights from one person to another. The court takes this seriously, and so do we. Guardianship and conservatorship should only be sought when truly necessary, and we take the time with every family to evaluate whether full authority is needed or whether a more limited approach would better serve the individual's needs and preserve their autonomy.

When Guardianship and Conservatorship Are Needed

There are two common situations where families turn to these tools.

The first is when a young person with a disability turns 18. This birthday marks a significant legal shift that catches many families off guard. The day your child becomes a legal adult, your authority to make decisions on their behalf ends, even if their disability means they still need your guidance and protection. Without a legal framework in place, you may not be able to access their medical records, manage their finances, or advocate for their care. For families who know this transition is coming, planning ahead makes the process far smoother and less stressful.

The second is when an aging adult or another family member loses the ability to manage their own affairs due to dementia, a stroke, a brain injury, or another condition, and no planning documents were put in place beforehand. In these situations, guardianship and conservatorship may be the only way to step in and provide the care and oversight your loved one needs.

Our Approach

Every family's situation is different, and the right legal solution depends on the full picture. Because guardianship and conservatorship remove legal rights from the individual, and because a guardianship supersedes and voids any existing powers of attorney, we carefully evaluate your loved one's capacity, assets, benefits, care needs, and family dynamics before recommending a path forward. Sometimes a guardianship is clearly needed. Sometimes a less restrictive tool is a better fit. Often, the answer is a coordinated combination, such as guardianship paired with a special needs trust, ABLE accounts, and a detailed letter of intent, with each tool serving a specific purpose and working together to provide complete protection.

We handle uncontested guardianships and conservatorships, meaning cases where the family is in agreement about who should serve and what is in the best interest of the individual. Our goal is to move through the court process efficiently so you can focus on your loved one's care rather than legal uncertainty.

Whether your child is approaching 18 and you need to plan for the transition, or you are caring for an adult who can no longer manage their own affairs, the sooner you consult with an attorney, the more options you have available.

Contact Heritage Law Partners today to schedule a consultation. We will help you determine which combination of tools is right for your family and build a plan that protects your loved one for the long term.