Presentation on theme: "MO Guardianship: Understanding Your Options & Alternatives"— Presentation transcript:
1 MO Guardianship: Understanding Your Options & Alternatives This project is sponsored by theMissouri Planning Council on Developmental Disabilities (MPCDD)Developed by:UMKC Institute for Human Development (UCEDD)215 W. Pershing, 6thFloorKansas City, MO(816)In collaboration with:Missouri Protection and Advocacy ServicesandPeople First of Missouri
2 Jane St. JohnUniversity of Missouri, Kansas City – Institute for Human Development, UCEDDIndividual Advocacy and Family SupportMom 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 ResponsesA child with a developmental disability or special healthcare need is about to reach the age of 18Been 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 aboutBeing pressured by someone to file for guardianshipWorried about the well-being of someone they care aboutFeel that someone they care about is at risk of being taken advantage ofBecause 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 ALTERNATIVESto 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 BalancingProtection & Assistance withAutonomy &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 anddeprives him/her not onlyof 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 StatutesChapter 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 livewho they live withwho they associate withwhere they may go in the communitywhether or not to marrywhether or not to workhow to spend moneyright to votewho provides personal careconsent or object to medical careenter 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 : EmploymentMoney ManagementHealth & NutritionRelationshipsPersonal SafetyCommunity LivingPersonal Decision-MakingDetermining & Directing Services and Supports
27 What can you access on your own? Friends/FamilyAdvisors/Advocacy OrganizationsCommunity SupportsRepresentative PayeeLimited and/or Joint Bank AccountsDirect Deposit and Automatic Bill PayProtection Orders (TRO)Personal Contract/Agency Agreement
28 What might you need an attorney to access? Durable Power of AttorneyDurable Power of Attorney for Health CareLiving WillLiving TrustSpecial Needs TrustAdult Protective ServicesLimited GuardianshipFull/Plenary 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:PetitionFormCost
32 Who can file? Parent or family member Person with disability or special healthcare needPotential GuardianSomeone who is responsible for the person’s careA facility providing care, like a hospital or nursing homeANY other interested party
33 What will the court do? Send notices Schedule a hearingSend noticesOrder medical and/or psychological evaluationMay appoint an attorney and/or guardian ad litemQuestion 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 financesWhether or not you require placement in a supervised living situation, and, if so, the level of supervision you need; andWhether 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; orThe 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; andExercise power to ensure you receive all of the aboveProtect, preserve and manage your estate;Invest your assets prudently;Account for your property;Perform all other duties required by law; andUpon termination, surrender your assets.
39 Where do I get more information? MO Guardianship: Understanding Your Options and AlternativesResource 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 YourOptions & AlternativesThank you for participating!