- Guardians are required under Missouri law to understand the statutes and case laws governing guardianships.
- Conservators have a duty to manage the ward's estate, collect assets, make proper investments, and otherwise manage the estate, subject to court supervision.
- Legal guardians have a duty to arrange suitable living arrangements, food, clothing, and other necessities for the ward, with the reasonable costs paid by the ward's estate.
- While court approval is not strictly necessary, guardians act at their own risk if expenses are later deemed unnecessary or improper by the court during settlement of accounts.
2. MISSOURI APPELLATE COURT
Guardians are required to “know
the laws” that govern them, by
reading applicable statutory laws
and case laws.
See In re Estate of Pittman, 16 S.W.3d
639, 643 (Mo. App. W.D. 2000)
3. MISSOURI SUPREME COURT ON THE
ROLES OF CONSERVATORS
“The curator [i.e., conservator] is charged
with the care and management of the ward's
estate, subject to the superintending control
of the probate court. It is his duty to collect
the assets and to make proper investments
thereof, and otherwise manage the estate.”
See In re Estate of Powell et al., 245, 283 S.W.3d 280
(Mo. App. W.D. 2008) (citing Williams v. Vaughan,
363 Mo. 639, 253 S.W.2d 113 (Mo. en banc 1952)).
4. MISSOURI SUPREME COURT ON THE
ROLES OF LEGAL GUARDIANS
“As guardian it was [the appellant's] duty
to take charge of his ward and to arrange
for a suitable home, food, clothing and
other necessaries, the reasonable value of
which is a proper charge against the
ward's estate” (emphasis added).
See In re Estate of Powell et al., 245, 283 S.W.3d
280 (Mo. App. W.D. 2008) (citing Williams v.
Vaughan, 363 Mo. 639, 253 S.W.2d 113 (Mo. en
banc 1952)).
5. COURT ORDERS FOR GUARDIANS
“While customary, it is not necessary that
a guardian obtain a court order
authorizing expenditures. He may take the
chance of the disallowance of his
accounts upon submission at time of
settlement if such expenditures were not
necessary and proper for the support,
maintenance and education of his ward.”
See In re Estate of Powell et al., 245, 283
S.W.3d 280, 284 (Mo. App. W.D. 2008) (citing
Hamiltonian Fed. Sav. & Loan Ass'n v.
Reliance Ins. Co., 527 S.W.2d 440, 444
(Mo.App. E.D.1975)
6. 1983 REVISIONS TO THE MISSOURI
GUARDIANSHIP CODE
Guardianship Code Revision
structured “the law to meet the
unique needs of each distinct
individual․
․․
․ [T]he law has been
made to fit the people it is meant
to serve.”
See John A. Borron, Jr., The
Guardianship Code Revision: An
Overview, 39 J.Mo.Bar 453, 460-61
(1983).
7. BREADTH OF GUARDIANS’ LEGAL
AUTHORITY
“Giving the language of the applicable statutes of
Chapter 475 its plain and ordinary meaning, it is
apparent to us that the [ward’s] guardian had the
duty and responsibility to make any and all
decisions, which the [ward] was presumed not to
have the capacity to make, regarding his living
arrangements, treatment, health care, and other
basic necessities. In our view, this necessarily
would include making a decision as to whether it
was in the [ward’s] best interests to be
conditionally released from DMH custody in that
such a decision necessarily would affect his future
living arrangements, treatment, and health care.”
See Preston v. State, 33 S.W.3d 574, 580 (Mo. App.
W.D. 2000)
8. GUARDIANS’ LEGAL DUTY TO USE THEIR
OWN MONEY
“Guardians are not obligated to
use their personal financial
resources to support their
wards.”
See J.L.M. v. R.L.C., Jr., 132 S.W.3d
279, 288 (Mo. App. W.D. 2004) (citing
§ 475.120.4 (1983)); see also §
475.343 (2018).
9. MISSOURI LEGISLATORS IGNORE CASE LAWS TO FURTHER
ERODE GUARDIANSHIPS BY ELIMINATING GUARDIAN DUTIES
“[Missouri Association of Public Administrators, et al] say that this
is a clarification of responsibilities of guardians. Current statute
says that guardians provide for their wards but that sometimes is
taken to mean that they have to take care of them financially
(personally), so this makes it clear that the guardian makes
personal decisions for the ward, but does not take care of them
financially.”
House Judiciary Committee Hearing on HB 978, Committee
Summary, February 24, 2021 (eliminated guardian’s duties to
provide for the ward’s care, treatment, habilitation, education,
support, and maintenance).
11. MISSOURI GUARDIANSHIP ASSOCIATION UTILIZES THREE-
TIER CLASSIFICATION OF GUARDIANSHIPS
General, Specialized & Forensic
Better identifies need for & permeators of
the guardianship based on classification
Better identifies risks for and incidents of
abuse, neglect, exploitation, or worse
Better identifies laws needed based on
the specific classification of guardianship
