There are many types of guardianships, sometimes called conservatorships, and Missouri law allows you to choose from a variety.
- Guardian Ad litem – A lawyer who makes legal decisions on behalf of a child.
- Guardian of the estate – A person who is responsible for managing an inheritance for minors
- Guardian of the person – An adult who assumes responsibility for the welfare and health of a child
- Plenary guardian – A guardian who balances the responsibilities of the estate and the person
- Interim or emergency guardian – Appointed temporarily because of an immediate need
Jason D. Smith, Attorney, assists adults in becoming guardians. But we don’t stop there. Guardianship can be a powerful thing. We’ll ensure you understand your rights and your responsibilities. We also offer advice to parents regarding child custody issues for people going through divorce or separation.
What is the best way to become a guardian of an elderly parent?
Although it’s not something that we like to think about, everyone gets older. Most of us reach a point in our lives where our parents require our assistance. Unfortunately, many elderly people are unable to exercise their rights and resist the temptation to take control. You may need to apply for a court order to be appointed guardian if your parents or other older relatives won’t sign a power-of-attorney giving you the authority. We can help you get guardianship for your loved one with the compassion and understanding that they deserve.
Can I act as a guardian to a disabled adult?
A dependent spouse might need alimony after a divorce. An adult with disabilities needs permanent financial support. There are many competing interests when planning for the financial needs of an adult with disabilities. This can make things complicated. While you want to provide sufficient resources for their lives, you also want them to be eligible for benefits that are dependent on their need. They will be disqualified if they transfer assets, and their assets will be reduced by out-of-pocket costs. Jason D. Smith, Attorney, Springfield, MO lawyers, designs special needs trusts. These trusts allow people with disabilities to still be eligible for benefits and purchase the goods they need for their well-being and health.
How can I obtain guardianship for my grandchild?
Grandchildren are a great joy in life. There are many reasons why you might end up caring for your grandkids – most often because the parents or grandparents are unable to or unwilling to take care of their child. While grandparents may consider adopting the child, sometimes legal guardianship is better and more efficient. Guardianship allows you to make decisions for your grandchild and consent to medical treatment.
Both child custody and guardianship sound very similar. What is the difference?
They are very similar, but they are not identical. Legal guardianship may be the best option if a parent is temporarily absent for any reason (e.g., deployment overseas, disabling medical procedure, or incarceration). Child custody decisions, on the other hand, are intended to be permanent. If you want to change a custody decree that a judge has approved, you will need to return to court.
Keep in mind that the court may make custody decisions without consent from the parent. These waters can be complicated. Jason D. Smith can help you navigate them so that you make the right decisions for your loved ones.
What makes a parent incompetent?
Our clients frequently ask this question. There is a lot of misinformation. Parents are threatening to each other, accusing one of being unfit, while relatives accuse both of being unfit. All this in the name of obtaining guardianship or custody. Let’s examine the facts.
Missouri law defines what makes a parent unfit to have custody. A judge can order parents to give up parental rights or reduce their time with their child if they are found unfit. It includes neglecting to care for the child’s basic needs, abandonment, or chronic drug use.
Can I file for conservatorship or guardianship in Missouri without an attorney?
A guardianship or conservatorship is legal action. You will need a lawyer. This can be a complicated process that involves many moving parts. You will have to make significant decisions regarding the care of your loved one. It’s not the time to cut corners or shop around; let’s face it, this is not the right time to do so.
Jason D. Smith will work with you to get to know you and the loved one and then prepare a petition for you to file with the court. He is familiar with the guardianship laws and can help you write a petition that includes all necessary documentation and information.
What rights do the adult and the child have?
You have certain rights for the person you are filing guardianship for (also known as a “ward”).
These rights include the right:
- Participate in the court hearing
- Make a guardianship application
- Keep a record of the hearing
- Invite a friend or family member to the hearing.
- An attorney is the best way to ensure that you are appropriately represented
- A ward can also offer a less severe alternative to guardianship.
Jason D. Smith, Attorney, can help you to support your loved ones
You must plan for everything if you are the responsible person in the lives of disabled adults or children. Jason D. Smith, Attorney, can help you create legal safeguards that will be put in place if you become incapacitated or are unable to care for your loved one. We can also help you get the legal authority to take care of your loved one’s welfare if they act out of control or become erratic.
Get in touch with a Springfield, MO guardianship lawyer and special needs lawyer.
We know how important it is to have your loved ones protected. Jason D. Smith, Attorney, is committed to helping vulnerable adults and minors live healthy and happy lives. Call him today at (417) 887-4949 – Ask for Jason to schedule a consultation or complete our contact form.