Legal Question in Civil Litigation in Missouri

Guardianship

Question:

Can an incompetent adult,(Traumatic Brain Injury),who has been assigned a legal guardian by the court, enter into a legal contract without consent or knowledge of the legal guardian?


Asked on 2/06/05, 2:53 pm

2 Answers from Attorneys

Anthony Smith LawSmith

Re: Guardianship

In some states, a "Guardian" is the generic term for someone who has a court appointed position of authority over another. In Missouri it is a specific term. A Guardian is a person who make personal decision for another, i.e. to get treatment, take medication, where to live, etc. They would not have the authority to control many contracts a person might enter into. A "Conservator" is in charge of the finances of another person. They have authority over the ability of their ward to perform a contract that requires they pay any money out. This power is nearly absolute, except where limited by the Court. Often the same person(s) is/are named Guardian over the person and Conservator of their affairs.

As you aksed yoru question in a very general manner, only a general answer is possible. Do not rely on it in aspecific situation until an attorney that knows the specific facts gives you specific advice. There are exceptions to the general rules.

Good Luck

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Answered on 2/07/05, 11:24 pm
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Guardianship

If the adult has been adjudicated incompetent, he cannot enter into an enforceable contract. The guardian can have the contract made void.

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Answered on 2/06/05, 9:15 pm


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