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MO Guardianship:Understanding Your
Options & AlternativesThis project is sponsored by the
Missouri Planning Council on Developmental Disabilities (MPCDD)
Developed by:UMKC Institute for Human Development (UCEDD)
215 W. Pershing, 6thFloorKansas City, MO 64108
(816) 235-1770 www.ihd.umkc.edu
In collaboration with:Missouri Protection and Advocacy Services
andPeople First of Missouri
Jane St. John
• University of Missouri, Kansas City – Institute for Human Development, UCEDD
• Individual Advocacy and Family Support
• Mom to Ben & Matt
To empower individuals with developmental disabilities or
special healthcare needs, their families, and key supporters to
make informed decisions as they consider options and alternatives for achieving an appropriate level
of support and/or protection.
Goal:
Why are you thinking about
guardianship for support and/or
protection?
Common Responses• A child with a developmental disability or special healthcare need
is about to reach the age of 18• Been told by a school administrator, teacher, service provider or
other professional that they need guardianship to maintain their rights to provide support and/or protection for someone they care about
• Being pressured by someone to file for guardianship• Worried about the well-being of someone they care about• Feel that someone they care about is at risk of being taken
advantage of• Because someone they care for or someone they work with is
experiencing a difficult time.
Objectives:Helping you understand how to:
1. BALANCE SUPPORT & PROTECTION with autonomy and self-determination.
2. IDENTIFY OPTIONS AND ALTERNATIVESto full/plenary guardianship for the appropriate level of decision-making support and/or protection.
3. ACCESS ALTERNATIVES TO GUARDIANSHIP, as well as accessing Missouri courts to pursue guardianship options.
Balancing Protection & Assistance
with
Autonomy & Self-Determination
“Every person can make choices and
has a right to make decisions.
~ Dohn Hoyle, The Arc of Michigan
It is important to remember that all adults are presumed competent to
make choices about their lives.
Sometimes, because of limited cognitive or communication skills, a
person may need help making or expressing decisions.
Involves a support group/team of family members, friends, professionals and most importantly, the individual.
Individual chooses the members.
Individual identifies areas in which the individual may need assistance and support and decide how the team/support group can help meet those needs.
Making person-centered decisions…
“Any legal system or proceeding which deprives an individual of her/his right to
be accommodated and supported in choosing and making decisions, and which
appoints a substitute decision-maker based on tests of competence,
makes that person vulnerable and deprives him/her not only
of his/her right to self-determination, but also of other rights…”
~ Dohn Hoyle, The Arc of Michigan
What is Guardianship?Missouri Revised Statutes
Chapter 475 Probate Code--Guardianship
(6) "Guardian", one appointed by a court to have the care and custody of the person of a minor or of an incapacitated person. A "limited guardian" is one whose duties or powers are limited. The
term "guardian", as used in this chapter, includes "limited guardian" unless otherwise specified or
apparent from the context;
Plenary or “Full” Guardianship
where to live who they live with who they associate with where they may go in
the community whether or not to marry whether or not to work how to spend money right to vote
who provides personal care
consent or object to medical care
enter into contracts (such as home ownership, rental agreements, marriage)
obtain a driver’s license
How did I know if Ben needed support and/or protection?
IDENTIFYING AREAS OF NEED FOR SUPORT AND/OR ACCOMMODATION :
• Employment
• Money Management
• Health & Nutrition
• Relationships
• Personal Safety
• Community Living
• Personal Decision-Making
• Determining & Directing Services and Supports
Ben’s Story…
What are my alternatives &
options?
Is there an appropriate alternative for my specific need for support and/or
protection?
•Friends & Family
•Advocacy Organizations
•Community Supports
•Systems Supports
GENERAL SUPPORTS
•Personal Contract/Agency Agreement
•Power of Attorney
•Health Care Power of Attorney
DECISION-MAKING/HEALTH SUPPORTS
Limited and/or Joint Bank Accounts, Direct Deposit, and Automatic Bill Pay
Living Trust Special Needs Trust
MONEY MANAGEMENT
Adult Protective Services
Protection Order/TRO
PERSONAL SAFETY
Accessing the ALTERNATIVES
toGuardianship
Friends/FamilyAdvisors/Advocacy OrganizationsCommunity SupportsRepresentative Payee Limited and/or Joint Bank AccountsDirect Deposit and Automatic Bill Pay Protection Orders (TRO) Personal Contract/Agency Agreement
What can you access on your own?
Durable Power of Attorney Durable Power of Attorney for Health Care Living Will Living Trust Special Needs Trust Adult Protective ServicesLimited Guardianship Full/Plenary Guardianship
What might you need an attorney to access?
Plenary /Full Guardianship or
Limited Guardianship
GUARDIANSHIP OPTIONS
What is the process for filing for
guardianship or to make a change in
guardianship status?
Filed with clerk of court in the county where you live:
PetitionFormCost
Which court should the petition be filed in?
•Parent or family member
•Person with disability or special healthcare need
•Potential Guardian
•Someone who is responsible for the person’s care
•A facility providing care, like a hospital or nursing
home
•ANY other interested party
Who can file?
Schedule a hearing Send notices Order medical and/or psychological evaluation May appoint an attorney and/or guardian ad litem Question ward, proposed guardian, and witnesses
What will the court do?
X.
What information do I need to have ready to
give my attorney in order to achieve the
desired outcome?
Does the court have to follow my instructions and/or request for who is to be
appointed guardian?
• Not necessarily. • The final decision rests with the court. • The court will appoint your nominee if it determines that he or she is eligible to act and would serve in the ward’s best interest.
Write an Order including the following findings of fact:•The extent of your physical and/or mental incapacity to care for yourself;•The extent of your physical and/or mental disability to manage your finances•Whether or not you require placement in a supervised living situation, and, if so, the level of supervision you need; and•Whether or not you need supervision to manage your finances, and, if so, the level of supervision you need.
What will the Court do?
Depending upon your level of incapacitation or disability as determined above, the Court will then Order:•The appointment of a Guardian or Conservator ad litem;•The appointment of a Limited Guardian and/or Limited Conservator; or•The appointment of a Full Guardian and/or Full Conservator.
What will the Court do? (cont.)
Place you in your least restrictive environment;Provide your medical care;Promote your care, comfort, health, safety and
welfare;Provide consent on your behalf; andExercise power to ensure you receive all of the
aboveProtect, preserve and manage your estate;Invest your assets prudently;Account for your property;Perform all other duties required by law; andUpon termination, surrender your assets.
Guardianship Duties and Powers
MO Guardianship: Understanding Your Options and Alternatives
Resource Guide
Where do I get more information?
Jefferson City Office (Administration)925 S. Country Club DriveJefferson City, MO 65109Tel: 573-893-3333 / 866-777-7199Fax: 573-893-4231
Jefferson City Office (Application Unit)925 S. Country Club DriveJefferson City, MO 65109Tel: 573-659-0678 / 800-392-8667Fax: 573-659-0677
St. Louis Office1992 Innerbelt Business Center DriveOverland, MO 63114Tel: 314-785-1702 / 800-233-3958
Kansas City Office3100 Main Street, Suite 207Kansas City, MO 64111Tel: 816-756-1001 / 800-233-3959
Fulton OfficeP.O. Box 6187Fulton, MO 65251Tel: 573-592-2738 (JC office X-20)
MO Protection & Advocacy Services
UMKC Institute for Human Development, UCEDD215 W. Pershing, 6th FloorKansas City, Missouri 64108816.235.1770 Phone800.452.1185 TTY888-503-3107 Fax
800.444.0821 Mo. Family to Family Resource Center
UMKC Institute for Human Development
MO Guardianship:Understanding Your
Options & Alternatives
Thank you for participating!