Guardianship and Conservatorship: Securing the Future of Your Special Needs Child in Franklin County, MO

Special Trust Legal LLC

When your special needs child reaches adulthood, guardianship and conservatorship arrangements can play a crucial role in ensuring their safety and well-being. Learn about your options with Special Needs Attorney Jennifer A. DiCarlo at Special Trust Legal.

At Special Trust Legal, we understand the concerns that come with raising a special needs child and planning for their future. Our dedicated team, led by Special Needs Attorney Jennifer A. DiCarlo, is committed to helping Franklin County families navigate the complexities of guardianship and conservatorship with care and compassion, ensuring that your child’s personal and financial needs are met as they transition into adulthood.

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Understanding Guardianship

Guardianship is a legal process in Missouri that protects individuals who are unable to care for themselves due to disability. Once your special needs child turns 18, they may still need help with personal care and decision-making. A court-appointed guardian steps in to make essential decisions regarding your child’s medical care, living arrangements, and overall well-being, ensuring that they continue to receive the support and protection they need as adults.

What is Conservatorship?

While guardianship covers personal care decisions, conservatorship deals with managing the financial affairs of an individual who cannot handle them independently. A conservator, appointed by the court, oversees financial matters such as paying bills, managing assets, and ensuring that financial resources are used for the ward’s benefit. Special Needs Attorney Jennifer A. DiCarlo helps Franklin County families understand the distinctions between these roles and determine the best approach to safeguard their child’s future.

Guardianship and conservatorship petitions are often filed together with the Probate Court to cover both personal and financial needs.

Responsibilities of Guardians and Conservators

Guardians and conservators have distinct yet equally important roles. A guardian is responsible for the personal care and well-being of the ward, including medical decisions and daily living arrangements. A conservator handles financial matters, ensuring the ward’s assets are protected and used appropriately. Special Needs Attorney Jennifer A. DiCarlo helps Franklin County parents understand these roles to make informed decisions and receive necessary support for their special needs child.

The court carefully considers several factors when appointing a guardian or conservator, including the wishes of the special needs child, the capabilities of the proposed guardian, and the guardian’s relationship with the individual. Immediate family members are typically given priority, but any suitable person may be appointed if they agree to take on the responsibility.

These roles require a deep commitment and understanding of the individual’s needs. Guardians must monitor health care, living conditions, and overall welfare, while conservators manage finances, pay bills, and oversee investments. Special Trust Legal supports guardians and conservators so that they can fulfill their roles effectively.

Navigating the Guardianship Process in Missouri

The process of appointing a guardian or conservator in Missouri involves several legal steps, and it can seem overwhelming without the right guidance. Special Needs Attorney Jennifer A. DiCarlo is here to help you every step of the way:

Filing a Petition: The person seeking guardianship must file a petition with the Probate Court. This petition initiates the legal process of obtaining guardianship or conservatorship for a special needs child who is now an adult.
Medical Report: The court requires a recent medical report describing the individual’s condition and their need for guardianship.

Guardian Ad Litem (GAL): The court may appoint a GAL to investigate and represent the best interests of the special needs child. The GAL will report their findings to the court before the hearing.
Court Hearing: A judge will review evidence, testimonies, and the GAL’s report to determine whether guardianship is necessary and whether the proposed guardian is suitable for the role.

At Special Trust Legal, we work closely with Franklin County families to ensure they are fully prepared for each step of the process, easing the stress and complexities of legal proceedings.

Assessing Your Special Needs Child’s Needs for a Guardian or Conservator

To determine whether your special needs child requires a guardian or conservator, the first step is to assess their ability to manage their personal and financial affairs. This assessment includes evaluating their physical and mental health, living situation, and financial resources. Key factors to consider include their ability to:

Our comprehensive evaluations at Special Trust Legal help Franklin County families make informed and confident decisions about guardianship or conservatorship.

Advocating for Your Child’s Rights and Well-Being

Guardianship and conservatorship exist to protect the rights and well-being of the ward. Jennifer A. DiCarlo’s approach is rooted in compassion, understanding, and a commitment to advocating for the best interests of special needs children. Families in Franklin County can trust Jennifer A. DiCarlo to help them determine if guardianship or conservatorship is the right solution, or if an alternative option better suits their child’s unique needs.

Exploring Alternatives to Guardianship and Conservatorship

In some situations, full guardianship or conservatorship may not be necessary. There are alternatives that allow for support while maintaining your child’s independence:

Limited Guardianship

Limited guardianship allows the guardian to take responsibility for specific areas of the ward’s life while the ward retains control over others. This option provides a balance between necessary support and personal autonomy, making it a flexible solution for individuals who can manage certain aspects of their lives independently.

Supported Decision-Making

Supported decision-making involves creating a network of trusted individuals who help guide your child through important decisions while allowing them to retain their legal rights. This collaborative approach respects your child’s autonomy while providing them with the assistance they need to make informed choices.

Power of Attorney

Establishing a power of attorney allows your child to designate a trusted individual to make decisions on their behalf in the event they are unable to do so. This can cover medical, financial, and other essential decisions, ensuring your child’s wishes are respected and their needs are met.

How Special Needs Attorney Jennifer A. DiCarlo Can Help

Navigating guardianship, conservatorship, and their alternatives requires experienced legal support. For over 20 years, Special Needs Attorney Jennifer A. DiCarlo has helped families in Franklin County protect their children’s futures through compassionate and knowledgeable guidance. At Special Trust Legal, we are committed to providing clear, actionable legal solutions that reflect your family’s needs and values.

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