WHAT IS A CONSERVATOR IN MISSOURI?
A conservator in Missouri is a person or corporation appointed by a court to manage the property and finances of a minor or elderly person who has been determined by the court to be legally disabled.
In Missouri, someone who is appointed guardian has a different role than a conservator, specifically that a guardian is appointed by the court to have care and custody of a minor or elderly person.
Parents are given priority to be named conservator over their minor children in Missouri.
The legal standard in Missouri for someone to be disabled and/or incapacitated is that by reason of a physical or mental condition they are unable to receive information or to communicated decisions to such an extent that he or she lacks capacity to meet essential requirements for food, clothing, shelter, safety or other care such that serious physical injury, illness, or disease is likely to occur.
With a conservatorship, the Missouri standard is that the person is unable by reason of a physical or mental condition to receive and evaluate information to communicate decisions to such an extent that the person lacks ability to manager his or her financial resources.
In certain instances, a conservator can be named for a person who has disappeared or been detained against his or her will.
A person who has been determined by a court to be disabled is referred to as a “protectee”. A person who has been determined by a court to be incapacitated is referred to as a “ward”.
The proceeding to become conservator begins with the filing of a petition in the county where the person (called the “respondent”) resides. Representation by an attorney is required under Missouri law.
After the Petition is filed, a hearing is set where the central issue to be determined by the court is whether or not the respondent is incapacitated or disabled or, in some cases has limited or partial incapacity or disability.
Once appointed, the primary duty of a conservator in Missouri is to protect and manage the protectee’s financial estate. This includes properly and prudently investing the protectee’s assets, applying such asset’s for the protectee’s care and maintenance. The court requires an inventory of the assets and income of the protectee be provided by the appointed conservator soon after appointment. After that, each year the conservator must provide a full accounting, called a settlement, of all incomes and expenditures made on behalf of the protectee.
Contrary to common myth, a conservator is not ordinarily personally liable for the debts of the protectee. The conservator must indicated to whomever they are dealing with the are acting on behalf o the protectee, however. Unauthorized use of the protectee’s estate or misuse of their property by the conservator are grounds to revoke the legal authority of the conservator, and, possibly personal liability for any harm or loss suffered by the estate.
Conservatorship for a minor terminates in Missouri when the reach age 18. For an incapacitated or disabled person, the conservatorship ends when either the protectee passes away or upon the protectee regaining competence.
Conservatorship work can be very emotionally rewarding and I’ve had the pleasure of assisting a few disabled individuals in great need of a conservator and who are now living with a much higher quality of life because a conservator was appointed. One case in particular remains one of my favorite moments in practicing law.
If you are seeking advice or representation from a conservatorship attorney in Missouri, make sure to ask them about their past experience in this area. You need to work with someone who has done many of these cases and can help you obtain conservatorship without any unnecessary delays and expense.