Guardianship and Conservatorship: Protecting Your Special Needs Child's Future in St. Louis County, MO

Special Trust Legal LLC

Guardianship or conservatorship arrangements are often essential to the wellbeing of special needs individuals. Explore your options with Special Needs Attorney Jennifer A. DiCarlo.

At Special Trust Legal, we are committed to helping parents of special needs children make informed decisions about guardianship and conservatorship. Our compassionate and knowledgeable legal team, led by Special Needs Attorney Jennifer A. DiCarlo, works closely with families to protect the well-being and financial security of their loved ones.

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What is Guardianship?

Guardianship is a legal relationship established by the Missouri court to protect individuals who are unable to care for themselves due to a disability. When a special needs child reaches adulthood, they may still require assistance with personal care and decision-making. A guardian is appointed by the court to make important decisions for the individual, known as the “ward,” such as those involving medical care, living arrangements, and overall well-being.

How is Conservatorship Different from Guardianship?

Conservatorship involves managing the financial affairs of an individual who cannot handle them independently. In this case, the court appoints a conservator to oversee financial matters, such as paying bills and managing assets. Special Needs Attorney Jennifer A. DiCarlo helps St. Louis County families understand these roles, ensuring the best outcome for their special needs child. Guardianship and conservatorship petitions are frequently filed at the same time with the Missouri probate court.

Roles and 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 guides St. Louis County parents with understanding 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 Missouri Guardianship Process

Our goal is to answer your questions and alleviate the stress legal proceedings often bring. Often, the first question that our St. Louis County clients have is whether or not their loved one needs a guardian or conservator.

The process of appointing a guardian in Missouri involves several legal steps:

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.

Our firm understands that every family’s situation is unique. We take the time to listen to your concerns, answer your questions, and tailor our services to meet your specific needs.

Throughout this process, Jennifer A. DiCarlo provides clear, supportive guidance to families, ensuring they understand each step and are well-prepared for the court proceedings.

Assessing Your Child’s Needs for a Guardian or Conservator

Assessing your special needs child’s ability to make decisions about their personal and financial affairs is the first step in determining if they need a guardian or conservator. This includes evaluating their physical and mental health, living situation, and financial resources. A few key factors include their capacity to:

At Special Trust Legal, our evaluations help families in St. Louis County, MO, make these critical decisions with confidence.

Advocating for the Ward’s Rights and Needs

The purpose of a guardianship or conservatorship is to protect the rights and needs of the ward. It’s not enough that an attorney knows the law; they also need compassion and a desire to help others. Attorney Jennifer A. DiCarlo has built a career offering this dedication to families considering guardianships and conservatorships in St. Louis County, MO. We’ll help you decide if these measures are right for your family, or if an alternative better meets your needs.

Alternatives to Guardianship or Conservatorship

In some cases, full guardianship or conservatorship may not be necessary. There are several alternatives that can provide support while preserving the individual’s independence.

Limited Guardianship

Limited guardianship allows the guardian to make specific decisions on behalf of the ward, while the ward retains the ability to make other decisions independently. This option provides a balance between support and autonomy to meet the ward’s needs without restricting their freedom.

This approach is particularly beneficial for individuals who can manage certain aspects of their lives but need support in specific areas. It empowers them to maintain a level of independence while ensuring they receive the necessary assistance. Our firm carefully evaluates each case to determine if limited guardianship is a suitable option, promoting a balance between support and autonomy.

Assisted or Supported Decision-Making

Assisted or supported decision-making involves creating a support network that helps the individual make decisions without taking away their legal rights. This approach can involve family members, friends, or professionals who provide guidance and support on important decisions. This collaborative approach avoids strong legal solutions in favor of flexible, personal support systems that respect the individual’s autonomy.

Power of Attorney

A power of attorney allows an individual to designate someone they trust to make decisions on their behalf if they become unable to do so. This can include financial decisions, medical care, and other important matters. Establishing a power of attorney can be a proactive way to ensure that your special needs child’s wishes are respected and their needs are met.

The Role of an Experienced Special Needs Attorney

Navigating the complexities of guardianship, conservatorship, and their alternatives requires the experience of a seasoned attorney. Jennifer A. DiCarlo has provided compassionate and knowledgeable support to families facing these decisions. Special Trust Legal’s approach is rooted in empathy and understanding. We recognize the emotional and logistical challenges that families face and are committed to providing clear, actionable guidance.

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Find Out if a Guardianship or Conservatorship in St. Louis County Are Right for Your Special Needs Child

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