Special Needs Guardianship & Conservatorship

What Is Guardianship?

A guardian is someone appointed by the court to make personal and health-related decisions for an adult who is unable to make those decisions on their own due to developmental, intellectual, or cognitive disabilities. A guardian may be responsible for things such as:

• Where the individual lives
• Medical care and health-care consent
• Daily support and supervision
• Coordination of services and benefits

Guardianship provides the legal authority necessary for families to ensure their loved one’s personal needs and health are appropriately managed when the individual cannot make those decisions independently.

What Is Conservatorship?

A conservator is someone appointed by the court to handle financial matters and property for an adult who lacks the ability to manage those aspects of life. A conservator’s responsibilities often include:

• Managing income, assets, and bank accounts
• Paying bills and budgeting
• Handling investments or property decisions
• Protecting assets from loss or exploitation

Conservatorship helps ensure that financial affairs are handled responsibly when someone lacks the capacity to do so themselves.

Note: In some cases, one person may serve both as guardian and conservator if the court deems it appropriate.

Guardianships and conservatorships can be temporary or emergency appointments, allowing courts to act quickly when urgent decisions are needed.

Who May Need Guardianship or Conservatorship?

These legal protections may be appropriate for individuals who:

• Are age 18 or older and unable to make their own personal or financial decisions due to lifelong disabilities (e.g., autism, Down syndrome, intellectual disability)
• Have a condition that significantly limits their ability to understand or communicate decisions about daily living, health care, or finances

Legal Process & Court Oversight

A court will only grant guardianship or conservatorship after reviewing evidence that the individual cannot make certain personal, health, or financial decisions independently and that less intrusive alternatives—such as powers of attorney or health care directives—are insufficient.

Not everyone can serve as a guardian or conservator. Under Missouri law, a prospective guardian or conservator must meet specific qualifications, including but not limited to:

• Be at least 18 years old
• Be mentally competent and able to perform the duties of the role
• Pass background checks, which may include:
  • Criminal record review
  • Adult abuse or neglect registry checks
  • Sex offender registry review
  • Credit history review (for conservators)
• Not be a habitual drunkard or otherwise unfit to manage the individual’s personal or financial affairs