Legal Question in Family Law in Missouri
Correct form for guardianship in the state of Mo.
My father is very ill and I need to file guardianship papers in order to handle his business and make medical decisions on his behalf. I saw a Nevada guardianship order form that I could purchase online, but I need to make sure it will be applicable in the state of Missouri. Could you direct me to a website which will give me the correct form?
2 Answers from Attorneys
Re: Correct form for guardianship in the state of Mo.
The process you describe, is how estate attorneys afford such large boats. Someone will get a form off the internet, fill it out and then start handling the affairs of another. They do it wrong and are absolutely repsonsible for every penny. Not just those they lose or steal, but also for the ones they did not earn by investing imperfectly.
In Missouri, there is no informal guardianship. Only the Court can appoint someone guardian of another's affairs (Conservator). [Guardian connotes control over the body of the person, i.e. housing, medical care, etc.] You may Petition the Court to appoint you Conservator of your father's affairs. You may seek to become his Guardian the same way. It is not adviseable to attempt either without legal counsel.
If your father is not incapacitated and not incompetent, he may designate you as his attorney in fact. This is commonly referred to as a Power of Attorney. The State of Missouri and most law libraries have forms that HE can use. They all have web sites. Although it is not an action in the copurt, it is always adviseable to get legal counsel prior to, during, and after the execution of such a document.
Go to an attorney. If you cannot afford that, go to the County Counselor of the County in which your father is domociled. They can assist you in protecting your father's interests. If he can, he should be the one to contact them. either with you or alone.
Good Luck
Re: Correct form for guardianship in the state of Mo.
Anthony Smith has already posted an excellent response to your question. You do not want to simply fill in some form. The relatively modest cost of obtaining good legal advice and service right now will more than pay for itself. If your father is able to consult with an attorney and decides to execute a General Durable Power of Attorney and also a power of Attorney for Health Care and Health Care Directive, then you should be able to handle most of his business and health care affairs for him while he is unable to do so. Please consult with an attorney. If you are on the Eastern part of the state, you may feel free to call me and I'd be glad to help you.