1. MO Guardianship: Understanding Your Options & Alternatives
This project is sponsored by the
Missouri Planning Council on Developmental Disabilities (MPCDD)
Developed by:
UMKC Institute for Human Development (UCEDD)
215 W. Pershing, 6thFloor
Kansas City, MO
(816)
In collaboration with:
Missouri Protection and Advocacy Services
and
People First of Missouri

2. Jane St. John
University of Missouri, Kansas City – Institute for Human Development, UCEDD
Individual Advocacy and Family Support
Mom to Ben & Matt

3. Goal:
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.

4. Why are you thinking about guardianship for support and/or protection?

5. 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.

6. Helping you understand how to:
Objectives:
Helping you understand how to:
1. BALANCE SUPPORT & PROTECTION with autonomy and self-determination.
2. IDENTIFY OPTIONS AND ALTERNATIVES
to 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.

7. Protection & Assistance with
Balancing
Protection & Assistance with
Autonomy &
Self-Determination

9. “Every person can make choices and has a right to make decisions.
~ Dohn Hoyle, The Arc of Michigan

10. 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.

11. Making person-centered 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.

12. makes that person vulnerable and deprives him/her not only
“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

13. Missouri Revised Statutes
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;

14. 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

15. How did I know if Ben needed support and/or protection?

16. 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

17. Ben’s Story…

20. What are my alternatives & options?

21. Is there an appropriate alternative for my specific need for support and/or protection?

22. GENERAL SUPPORTS Friends & Family Advocacy Organizations
Community Supports
Systems Supports

23. DECISION-MAKING/HEALTH SUPPORTS
Personal Contract/Agency Agreement
Power of Attorney
Health Care Power of Attorney

24. MONEY MANAGEMENT
Limited and/or Joint Bank Accounts, Direct Deposit, and Automatic Bill Pay
Living Trust
Special Needs Trust

25. PERSONAL SAFETY
Adult Protective Services
Protection Order/TRO

26. Accessing the ALTERNATIVESto
Guardianship

27. What can you access on your own?
Friends/Family
Advisors/Advocacy Organizations
Community Supports
Representative Payee
Limited and/or Joint Bank Accounts
Direct Deposit and Automatic Bill Pay
Protection Orders (TRO)
Personal Contract/Agency Agreement

28. What might you need an attorney to access?
Durable Power of Attorney
Durable Power of Attorney for Health Care
Living Will
Living Trust
Special Needs Trust
Adult Protective Services
Limited Guardianship
Full/Plenary Guardianship

29. Plenary /Full Guardianship
GUARDIANSHIP OPTIONS
Plenary /Full Guardianship or
Limited Guardianship

30. What is the process for filing for guardianship or to make a change in guardianship status?

31. Which court should the petition be filed in?
Filed with clerk of court in the county where you live:
Petition
Form
Cost

32. Who can file? 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

33. What will the court do? Send notices
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

34. What information do I need to have ready to give my attorney in order to achieve the desired outcome? X.

35. 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.

36. What will the Court do?
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.

37. What will the Court do? (cont.)
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.

38. Guardianship Duties and Powers
Place you in your least restrictive environment;
Provide your medical care;
Promote your care, comfort, health, safety and welfare;
Provide consent on your behalf; and
Exercise power to ensure you receive all of the above
Protect, preserve and manage your estate;
Invest your assets prudently;
Account for your property;
Perform all other duties required by law; and
Upon termination, surrender your assets.

39. Where do I get more information?
MO Guardianship: Understanding Your Options and Alternatives
Resource Guide

40. MO Protection & Advocacy Services
Jefferson City Office (Administration) 925 S. Country Club Drive Jefferson City, MO Tel: / Fax: Jefferson City Office (Application Unit) 925 S. Country Club Drive Jefferson City, MO Tel: / Fax: St. Louis Office 1992 Innerbelt Business Center Drive Overland, MO Tel: / Kansas City Office 3100 Main Street, Suite 207 Kansas City, MO Tel: / Fulton Office P.O. Box 6187 Fulton, MO Tel: (JC office X-20)

41. UMKC Institute for Human Development
UMKC Institute for Human Development, UCEDD 215 W. Pershing, 6th Floor Kansas City, Missouri Phone TTY Fax Mo. Family to Family Resource Center

42. Options & Alternatives Thank you for participating!
MO Guardianship:
Understanding Your
Options & Alternatives
Thank you for participating!