How Are Guardianship And Conservatorship Proceedings Commenced?

Home English FAQs Estate Planning Missouri

How Are Guardianship And Conservatorship Proceedings Commenced?

Proceedings are commenced when a petitioner files an application for the appointment of a guardian and/or conservator in the probate division of the circuit court in the county in which the minor or alleged incapacitated or disabled person (the respondent) resides. Attorneys must represent the petitioner and the respondent. After application is filed, the court will set a date for a hearing. In the case of a minor, notice of the application must be served before the hearing: upon the minor (if over the age of 14 years); his or her parents and spouse, if any; anyone having care and custody of the minor; and any agency charged with supervision, control or custody. In the case of an alleged incapacitated or disabled person, notice of the application must be served: upon the respondent; his or her spouse, parents, children or other close relative over the age of 18 years; any person acting in a representative capacity with respect to any of the respondent`s financial resources; and any person having care and custody of the respondent.

Other Missouri Estate Planning FAQs

Q: What Is A Power Of Attorney?
A: A power of attorney is a document by which you appoint a person to act as your agent. An agent is one who has authorization to act for another person. The person who … More
Q: What Is A Durable Power Of Attorney?
A: Many people are unaware that an ordinary power of attorney is revoked, and the agent`s power to act for the principal automatically stops, if the principal becomes … More
Q: What About The Revocation Of A Durable Power Of Attorney?
A: The death of the principal revokes even a durable power of attorney, except for a third person relying on the power of attorney who does not know of the death. Also, … More
Q: What Powers Are Granted By General Powers Of Attorney?
A: Under Missouri law before August 1989, a valid power of attorney had to spell out in detail all of the authorizations granted to the agent. Under a new Missouri law … More
Q: Must I Sign A Power, And If I Do, Will It Be Followed?
A: No person can be forced to sign a power of attorney, especially one for health care decisions, which cannot be required for admission to a hospital. Once created, … More
Q: What Specific Cautions Must Be Made In Preparing And Granting Powers Of Attorney?
A: An effective durable power of attorney, and especially a springing durable power of attorney, needs to be very carefully worded and you should seek the assistance of … More
Q: What Is Probate?
A: Most people are familiar with the operation of the civil and criminal divisions, having seen trials portrayed on television and described in various newspaper … More
Q: How Is Property Transferred At Death?
A: The probate division has been established primarily to protect the rights of one`s heirs, beneficiaries under a will and creditors, and to assure the orderly transfer … More
Q: What About The Rights Of Creditors And Collection Of Debts?
A: The probate division serves as a forum through which creditors of the deceased can protect their claims and seek payment. Also, the Personal Representative of the … More
Q: What About Payment Of Death Taxes?
A: Another important function of the probate division is to provide for the collection of any taxes which might have been due by reason of the deceased`s death or on the … More