Guardianships and Conservatorships in Missouri and Kansas

Most adults assume they will always be able to make their own decisions about where they live, what healthcare they receive, and how they spend their money. Dementia, stroke, developmental disabilities, or other serious condition could take that ability away. If that happens, someone else may need legal authority to make decisions on that person’s behalf.

In Missouri and Kansas, that authority generally comes from one of two places: documents the person signed while they were still able, such as powers of attorney, or a court order creating a guardianship or conservatorship. 

What Are Guardianships and Conservatorships?

Both are court proceedings. A judge reviews the evidence, decides whether a person needs help, and decides who will provide it. The two roles cover different parts of a person’s life:

• A guardian makes personal and healthcare decisions like where the person lives, what medical care they receive, and how their day-to-day care and safety are handled.
• A conservator manages money and property such as handling bank accounts and investments and protecting assets from waste or misuse.
• A court may appoint a guardian, a conservator, or both and the same person can serve in both roles. 

This article focuses on adults, but note that both states also allow guardianships and conservatorships for minors, for example, when a child inherits money or when parents are unable to care for a child. 

When Might Someone Need a Guardian or Conservator?

The law presumes every adult can make their own decisions regardless of disability status. A court will not appoint a guardian or conservator just because a family member disagrees with a person’s choices either. There must be evidence that the person is unable to understand information or make decisions and is putting their health, safety, or financial circumstances at serious risk. When a guardian or conservator is appointed, the person loses the right to make certain decisions, and that authority is given to someone else to exercise on their behalf

How Is This Different From a Power of Attorney?

A power of attorney is a document a person signs while they still have capacity, naming someone they to make decisions for them if they are ever unable to make decisions for themselves. Signing a power of attorney does not take away the person’s right to make their own decisions like a guardianship and/or conservatorship appointment does. It simply names someone they trust to step in if they later become unable to make their own decisions due to incapacitation. 

What Happens to the Person’s Rights

With a power of attorney, the agent can act for the person, but the person does not lose their own rights. Guardianship and conservatorship means that a court found the person is unable to make certain decisions for themselves. In Missouri, a finding of full incapacity or disability generally means the person is presumed incompetent and loses legal rights unless the court’s order preserves them.

How the Two Can Overlap

Having a power of attorney document does not always rule out guardianship and conservatorship either. A court may still be needed if the power of attorney agent is unavailable or unwilling to serve, if the power of attorney document does not cover the specific situation needing to be addressed, or if the agent is misusing their authority. 

Final Thoughts

Guardianship and conservatorship exist to protect people who can no longer protect themselves, but they are significant legal steps that limit a person’s independence and autonomy. Powers of attorney are signed in advance and often allow a family to avoid the court process altogether. Because the rules differ between Missouri and Kansas, and because each family’s situation is different, these decisions should be made carefully.

Let us know if we can help your family with powers of attorney, estate planning, and probate and trust administration.