It is better that you designate whom you wish to be the guardians and conservators of loved ones. Otherwise, the Missouri court will make decisions without your input. You know your family better than the court, and you know the individuals who will preserve your wishes better than the court should you become incapacitated or disabled.
In the event of your death or health complications, you will want to have designated an individual with power of attorney, both financial and health care. This person (can be a different person for each role) can also be designated as guardian or conservator of you and/or your minor children should you become incapacitated or unable to make health or financial decisions.
It is critical to go through this process with a knowledgeable and dependable lawyer to ensure that you and your family will be cared for according to your wishes in life and in death.
The Dependable Guidance Of Our Warrensburg Attorneys
Our guardianship and conservatorship counsel at Lance A. Riddle Law Office, Attorneys at Law, is personalized for each of our individual clients. We do not offer cookie-cutter advice and solutions. We will examine your entire estate plan, discuss the current state of your family and finances, and help you make informed decisions about guardianship and conservatorship for minor children and adults.
Division Of Family Services (DFS) Guardianship
In Johnson County and surrounding areas, we also provide services in matters involving DFS, in which a guardian must be appointed to a minor child. When the child's natural parents have died or are unwilling, unable or unfit to parent responsibly, a willing adult may be appointed as the child's legal guardian. We are capable of representing parents and children in these matters, and we can help parents repair their responsibilities and custody to terminate the guardianship in the best interests of the child, in some cases.
It is critical that all parties fully understand their rights and options concerning guardianship for minor children. Your rights and the best interests of your child will be protected to a far greater degree with the counsel and representation of an attorney experienced with DFS guardianship proceedings.
Appointing A Guardian And Conservator
In many cases, you will appoint the same person as guardian and conservator, but it is helpful to know that you have options. Parents are natural guardians for their minor children, but in the case that both of the child's parents are dead and a guardian or conservator has not been designated, the court will appoint a suitable and qualified guardian, beginning with an adult sibling or next closest relative who is willing to serve.
A guardian is appointed to care for and take custody of a minor child or incapacitated adult. Guardians make decisions about the individual's education, health care, support and maintenance.
A conservator is a person or corporation (e.g., bank or trust company) appointed to manage the property and financial estate of a minor child or a disabled adult. Conservators invest and apply assets in the best interests of the individual and must account for all funds received and expended.
Guardians and conservators are required to file annual reports with the court on the status of the guardianship or conservatorship and the ward (person under guardianship or conservatorship). If the best interests of the ward are not met or the report is not filed on the anniversary of the appointment, the court may require that the guardian or conservator be removed.
Proper administration of an estate, adherence to accounting requirements and ensuring that your choices for a guardian and conservator are deemed acceptable and qualified by the Court are best achieved with the comprehensive guidance and representation of an experienced estate planning attorney.
Speak With Attorney Kati A. Roach Today
Please call our Warrensburg office at 660-747-6600 to schedule a free initial consultation with attorney Roach, or contact us through our secure online contact form. We look forward to speaking with you.