Missouri Guardianship Attorney
What is guardianship and why do we need it?
A “Guardianship” is a legal proceeding to have a guardian appointed for a person.
There are guardianships for adults (those over 18 years of age) and for minors (those under 18 years). Adult guardianships are usually needed because a person has a condition causing them to be unable to make or communicate decisions, so much that even with appropriate services and assistive technology, they are unable to manage their essential requirements for food, clothing, shelter, safety or other care such that serious physical injury, illness, or disease is likely to occur.
How It Works
During the first appointment, the Missouri Guardianship Attorney will learn all the facts and circumstances, explain the process and timelines, and collect or request necessary documents to proceed. Fee and cost expectations will be very clearly set forth. There may be many variables known at this meeting or later arise, therefore precise fee and cost estimates may be a little trickier this early in the process.
The second appointment may be with the experienced probate paralegal and/or the attorney. The previously prepared documents will be carefully reviewed, and likely signed, during this meeting. As always, any questions will be answered and an expected timeline should be better known and discussed.
The next steps usually occur within the law office and includes filing court documents, setting a hearing date, and obtaining other evidence that may be needed for the hearing. This also includes ensuring all necessary parties get served or noticed, as the law requires.
The next step is taken by the court. Not only does the court closely review all filings, the law requires the court to appoint an attorney to represent the person over whom we want a guardianship. At this stage that person is referred to as the Respondent. That attorney also has legal requirements, including visiting with the Respondent.
Finally, a hearing will be held when the probate judge will hear the evidence and make rulings. The judge will first rule if the Respondent is incapacitated or not. If so, the judge will then rule who is appropriate to be appointed as the guardian.
- Can I avoid guardianship?
- What's the difference between Guardianship and Conservatorship?
- How much does a guardianship cost?
- Do I need to go to court for a guardianship?
- Do I need an attorney for a guardianship?
- Do I have to be the guardian?
About Paths Elder Law - Kansas City area & beyond
Our legal experts have more than 25 years experience as Missouri Guardianship Attorney focusing solely on issues common to seniors and their families. This commonly includes planning for the inevitable with Wills and Trusts or planning for the unforeseen with Powers of Attorney, Guardianships, and Medicaid or VA benefits.
Our caring staff listens to your situation and concerns, then calmly and expeditiously explain your options with a timeline for completion. Our goal is to provide each client with security in legally planning for the inevitable and unforeseen regarding their passing and long-term care needs.
Rusty with Paths Elder Law and his staff were a Godsend to me when I became a guardian for friend of mine. They helped me with all aspects of the process. Assisted with obtaining Medicaid and finding a facility to take my friend. The staff is courteous and knowledgeable. They were always available for questions. I would use Paths Elder Law for all my elder care situations. God bless them for their care and concern for all clients.
— Linda S.
Rusty was a tremendous help with guardianship with my special needs uncle. The “system” refused to help but Rusty and his team members were willing to jump in and help me expedite the process in a matter of months. I’m very appreciative of the patience and compassion they showed during and throughout the entire process!
— Lisa H.
Get in Touch
Reach out to Paths Elder Law today and you'll be one step closer to the peace of mind you're searching for.
We offer an initial consultation (one hour and fifteen minutes) for $250.00.