Alternatives to Guardianship
When a court decides whether a person needs a Guardianship, the court has to decide whether that person can make decisions for themselves.
But the court has to consider alternatives before placing that person in a Guardianship. This includes Power of Attorney, Supported Decision Making, and Limited Guardianship.
When a court decides whether a person needs a Guardianship, the court has to decide whether that person can make decisions for themselves.
But the court has to consider alternatives before placing that person in a Guardianship. This includes Power of Attorney, Supported Decision Making, and Limited Guardianship.
Power of Attorney
A Power of Attorney (POA) is a legal document that a person writes. This document allows other people to make decisions for that person in specific cases.
There are many kinds of Powers of Attorney. Some allow other people to make decisions for a person right away. Others only take effect when a person gets sick. And some end when a person gets sick. It is important to make sure you have the right kind of Power of Attorney for what you want.
A Power of Attorney can sometimes be used as an alternative to Guardianship. A court must consider Powers of Attorney before placing someone in a Guardianship.
Mo P&A can help a person with a disability draft or review Powers of Attorney.
Supported Decision Making
Supported Decision Making is a way for a person to make decisions with help from others. It is a set of supports that helps a person make their own decisions by using people they trust to:
Help understand issues and choices
Ask questions
Receive explanations in understandable language
Communicate their own decisions to others
Blanck & Martinis 2015; Dinerstein 2012; Salzman 2011
A person using Supported Decision Making has more opportunities for making choices, called self-determination. Studies have shown significant positive outcomes for people with more self-determination. People are more likely to:
Be employed
Live indepdently
Be active in their communities
Have a higher quality of life
Supported Decision Making: Theory, Research, and Practice to Enhance Self-Determination and Quality of Life, by Shogren et al.
Informal Supported Decision Making
Supported Decision Making can be something as simple as asking for advice from a friend, supporter, or family member.
If you have a group of people you trust to help you with tough decisions, you are already using informal Supported Decision Making.
Formal Supported Decision Making
Supported Decision Making can be written down to make it more “formal.” This written plan can state who you trust to help you make decisions, and what decisions they can help you with. The plan can also state which people should not try to help you, or which decisions you don’t want help with.
Having this written down is a more formal way of practicing the same Supported Decision Making. If you write this down in a very formal way, it may be a Supported Decision Making Agreement.
Mo P&A can help both informal and formal Supported Decision Making. See below for some sample Supported Decision Making Agreements.
Limited Guardianship
With Limited Guardianship, a Guardian still makes certain decisions for a person. But the person retains some of their rights, such as the right to vote, drive, or get married.
Mo P&A can provide direct legal services to help restore a person’s rights by ending a Guardianship, or changing it to a Limited Guardianship.
Guardianship in Missouri
In a guardianship, the ward loses the right to make their own decisions. This includes decisions about their medical care, where they live, who they spend time with, and more. In Missouri, Wards can also lose the right to vote.
Mo P&A can provide direct legal services to a person with a disability to help end or change their Guardianship.
What is Guardianship?
Guardianship is a legal status. A person in a guardianship is called a Ward. A person called the Guardian makes certain decisions instead of the ward.
In a guardianship, the ward loses the right to make their own decisions. This includes decisions about their medical care, where they live, who they spend time with, and more. In Missouri, Wards can also lose the right to vote.
Wards still have some rights. They have the right to live in an appropriate place. Wards can also ask the court to have other rights restored.
Is Conservatorship the same as Guardianship?
Conservatorship is also a legal status. But in a Conservatorship, a person loses the right to make their own decisions about money. A Conservator will make decisions about that person’s money instead.
Conservatorships can begin, end, or change just like Guardianships. A person can be in both a Guardianship and a Conservatorship, or just one.
A person can also have a Representative Payee that makes decisions about how to spend Social Security benefits. A person can have both a Representative Payee and a Conservator. But the process for beginning, ending, or changing a Representative Payee is different.
Learn more about Representative Payees.
How does a Guardianship begin?
In Missouri, Guardianship begins with a Petition to the probate court. This Petition states that a person needs a guardianship. Anyone can file the Petition.
The court will then have to decide whether that person can make decisions for themselves. The court has to consider alternatives before placing someone in a Guardianship. These alternatives include:
Power of Attorney
Supported Decision Making
Limited Guardianship
If the court decides that the person can’t make their own decisions even with the help of these alternatives, the court will place the person in a Guardianship.
Mo P&A does not provide services to place a person with a disability in a Guardianship. However, Mo P&A can help a person find alternatives to guardianship.
Learn more about alternatives to guardianship.
Can a Guardianship end or change?
In Missouri, guardianship can be ended. The most common way to end a guardianship is when a judge finds that the Ward is able to make decisions again. This can happen if the Ward’s medical condition has improved, they have learned decision-making skills, or for many other reasons.
How can a Guardianship be changed?
The person who is the Guardian can be changed. The Guardian can change for many reasons. This can include a Guardian that makes bad decisions for a Ward, or a Guardian that is not able to make decisions for a Ward.
A Guardianship can also be changed to give more rights to a Ward. This can mean a Ward gets the right to vote, drive, get married, or more.
In some cases, many rights are restored at once. A Guardianship can be changed to a Limited Guardianship.
How can a Guardianship end?
To end a Guardianship, a Ward submits a Petition to the court. The court often requires medical evidence that the Ward can make their own decisions. Sometimes other people will also give evidence that the Ward can make their own decisions. This can come from the Guardian, family members, or other people that support the Ward.
Mo P&A can provide direct legal services to a person with a disability to help end or change their Guardianship.
If you have a Guardian and need help restoring your rights, contact our Application Unit or fill out our Online Request for Help form.