Missouri Guardianship and Conservatorship
When an adult can no longer manage their own care or finances, a Missouri court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.
Based on Chapter 475 RSMo (Guardianship and Conservatorship)
What guardianship and conservatorship mean here
Guardianship and conservatorship in Missouri are court proceedings under Chapter 475 RSMo, heard in the probate division of the circuit court. A guardian is appointed to make personal, medical, and residential decisions for an incapacitated person, and a conservator is appointed to manage the estate and finances of a disabled person. The two roles are separate but can be sought together in one petition. Missouri law requires the petitioner to prove incapacity or disability by clear and convincing evidence, requires the court to appoint an attorney for the respondent, and requires the court to consider less restrictive alternatives and impose the least restrictive arrangement, preferring a limited appointment that preserves the person's remaining rights.
In Missouri a 'guardian' has care and custody of the PERSON (an incapacitated person or a minor) and makes personal, medical, and residential decisions. A 'conservator' has care and custody of the ESTATE (of a disabled person or a minor) and manages money and property. The two are distinct court appointments under Mo. Rev. Stat. 475.010, though one person can serve as both under a single order. An adult who cannot manage essential personal needs is an 'incapacitated person'; an adult who cannot manage financial resources is a 'disabled person'.
Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.
Types of guardianship and conservatorship
Guardian of the Person (Incapacitated Person)
A person appointed by the probate division to have the care and custody of the person of an incapacitated adult, responsible for the ward's support, care, education, health, and welfare. The guardian must assure the ward resides in the best and least restrictive setting reasonably available and receives needed medical care, and must act in the ward's best interest. A guardian of the person does not control the ward's estate unless also appointed conservator.
Mo. Rev. Stat. 475.010, 475.120
Conservator of the Estate (Disabled Person)
A person appointed by the probate division to have the care and custody of the estate of a disabled adult, responsible for protecting, preserving, and managing the estate with the care, skill, and prudence of an ordinarily prudent person, and for accounting to the court. The conservatorship is a separate appointment from guardian of the person, though one person may serve in both roles under a single order.
Mo. Rev. Stat. 475.010, 475.130
Limited Guardian or Limited Conservator
Appointed when the court finds a person is partially incapacitated or partially disabled and the identified needs cannot be met by a less restrictive alternative. The order specifies only the powers and duties the person cannot exercise, encouraging maximum self-reliance and independence and letting the ward provide self-care or manage finances to the extent of the ward's ability. Missouri courts must impose only the restraints necessary to protect the person.
Mo. Rev. Stat. 475.010, 475.080
More guardianship types5 additional arrangements courts use in specific situations, with statute cites
Standby Guardian
A person a custodial parent designates, by will or a separate dated writing acknowledged or witnessed by two disinterested parties, to take temporary care and custody of the person of a minor or an incapacitated person. If not already court-appointed, the standby guardian's authority commences on the parent's written consent, on a court adjudication that the parent is incapacitated, or on the parent's death. The standby guardian must notify the court within ten days of beginning to act and must petition for formal appointment within sixty days of assuming duties.
Mo. Rev. Stat. 475.046, 475.010
Emergency Guardian ad Litem or Conservator ad Litem
When a petition alleges that a respondent has no guardian or conservator and an emergency exists presenting a substantial risk that serious physical harm will occur to the respondent's person or irreparable damage will occur to the respondent's property, the court may appoint an emergency guardian ad litem or conservator ad litem for specified purposes and for a period not to exceed 90 days.
Mo. Rev. Stat. 475.075.15
Guardian of a Minor
A person appointed by the probate division to have the care and custody of a minor (any person under 18) when the minor has no living parent able to serve or the parents' rights have otherwise ended. The guardian is entitled to custody and control of the ward and must provide for the ward's education, support, and maintenance.
Mo. Rev. Stat. 475.030, 475.045, 475.120
Conservator of a Minor's Estate
A person appointed to manage property that belongs to a minor, for example an inheritance or a settlement, until the minor turns 18. A conservator of a minor's estate must give bond and file settlements with the court. The appointment can be combined with a guardianship of the minor's person.
Mo. Rev. Stat. 475.030, 475.061, 475.100
Testamentary Guardian of a Minor
A guardian of a minor named in the will of the last surviving parent. Where both parents are dead, a person the last surviving parent appointed by will may be appointed guardian of the minor unless the court finds the appointment contrary to the minor's best interests.
Mo. Rev. Stat. 475.045
The Missouri guardianship court process
1File the Petition in the Probate DivisionThe petitioner files an application for appointment of a guardian, a conservator, or both in the probate division of the circuit court in the county where the alleged incapacitated or disabled person is domiciled (or has a significant connection if not domiciled in the state).
2Appointment of an Attorney for the RespondentOn the filing of an adult petition, the court immediately appoints an attorney to represent the respondent in the proceeding.
3Personal Service and NoticeThe respondent is served in person with a copy of the petition and a written notice stating the time and place of the hearing and the respondent's rights.
4Evidence of the Respondent's ConditionThe petitioner presents evidence of the respondent's physical, mental, or cognitive condition, commonly including a physician's or licensed psychologist's report, so the court can assess the respondent's capacity to manage essential personal needs or financial resources (Mo.
5HearingThe court holds a hearing at which the respondent has the right to be present, to be represented by an attorney, to have a jury trial, to present evidence, and to cross-examine witnesses.
6Findings and Least Restrictive AlternativeBefore appointing a guardian or conservator, the court considers whether the respondent's needs can be met by a less restrictive alternative, makes detailed written findings of fact, and applies the least restrictive alternative principle, preferring a limited guardianship or conservatorship that leaves the person as much self-reliance and control as possible (Mo.
7Order, Bond, and LettersIf the standard is met, the court enters an order of appointment.
How long it takes
Emergency relief (an emergency guardian ad litem or conservator ad litem) lasts a specified period not exceeding 90 days (Mo. Rev. Stat. 475.075.15). A standard adult guardianship or conservatorship is set for hearing after personal service, so an uncontested matter commonly resolves within roughly one to three months, longer if contested or if a jury trial is requested. Reporting duties then continue for the life of the appointment: the guardian files an annual status report and the court reviews the ward's status at least annually (Mo. Rev. Stat. 475.082), and the conservator files an annual settlement (Mo. Rev. Stat. 475.270).
Alternatives to consider before guardianship
Durable Power of Attorney (Finances)
Allows a competent adult to name an agent (attorney in fact) to manage property and financial matters. A Missouri power of attorney that contains the required durability language stays effective if the principal later becomes disabled or incapacitated, so it can avoid the need for a conservatorship. It must be signed, dated, and acknowledged (notarized) in the manner prescribed for conveyances of real estate.
Mo. Rev. Stat. 404.705 (Missouri Durable Power of Attorney Law, 404.700 to 404.737)
Durable Power of Attorney for Health Care and Advance Directive
Allows a competent adult to name a health care agent whose authority begins on a physician's certification that the principal is incapacitated, and to state treatment wishes, avoiding the need for a guardian of the person for medical decisions. A life support declaration (living will) states end-of-life treatment preferences under the Missouri Life Support Declarations Act.
Mo. Rev. Stat. 404.822 (health care, 404.800 to 404.865); 459.015 (life support declaration, 459.010 to 459.055)
Less Restrictive Alternatives and Limited Guardianship
Before appointing a guardian or conservator, the court must consider whether the respondent's needs can be met by a less restrictive alternative and must apply the least restrictive alternative principle, preferring a limited guardianship or conservatorship that removes only the rights the person cannot safely exercise and encourages maximum self-reliance.
Mo. Rev. Stat. 475.075, 475.080
Representative Payee
Appointed by the Social Security Administration to receive and manage Social Security and certain other federal benefits for a beneficiary who cannot manage them. Limited in scope to those federal benefits and does not require a court proceeding.
42 U.S.C. 405(j)
Trust
Assets placed in a trust can be managed by a successor trustee without court involvement if the grantor becomes incapacitated, avoiding a conservatorship over those assets. Governed by the Missouri Uniform Trust Code.
Missouri Uniform Trust Code, Chapter 456 RSMo
Planning ahead: naming a guardian in advance
Naming a guardian in advance: Missouri lets a competent adult nominate in advance who should serve as guardian of the person or conservator of the estate if one is ever needed. Under Mo. Rev. Stat. 475.050 the court must make its appointment in accordance with the person's most recent valid nomination of an eligible person, except for good cause, when the nomination is made in a durable power of attorney or in a writing signed by the person and two witnesses. The stronger pre-need tools that can avoid a guardianship or conservatorship altogether are a durable power of attorney for finances (durable by default under Mo. Rev. Stat. 404.705, naming an agent for property and financial decisions) and a durable power of attorney for health care (Mo. Rev. Stat. 404.822, naming an agent for medical decisions). A parent may also appoint a guardian for a minor child by will (Mo. Rev. Stat. 475.045).
Guardianship costs
- Court filing fee
- $75 filing fee to apply for letters in a guardianship of an incapacitated person and/or conservatorship of a disabled person's estate; $60 for a minor guardianship and/or conservatorship. One certified copy of the letters is included. A conservatorship of a disabled person adds a $30 fee for each additional 12 months the estate stays open until the final settlement (Missouri Court Operating Rule 21).
- Court appointed attorney or guardian ad litem
- $400 to $2,000, usually paid from the ward's estate or by the petitioner. The court must appoint an attorney to represent the respondent in every adult proceeding (Mo. Rev. Stat. 475.075.4).
- Medical or capacity evaluation
- $300 to $2,000 for a physician's or psychologist's report on the respondent's condition
- Attorney fees for the proceeding
- $2,500 to $8,000 or more for an uncontested case, higher if the appointment is contested
- Bond premium
- Set by the court when a conservator's bond is required, roughly 0.5% of the bonded estate value per year (Mo. Rev. Stat. 475.100)
- Annual reporting
- Little to none if the guardian files the annual status report and the conservator files the annual settlement without help; $500 to $2,500 per year if a professional prepares the settlement
Costs vary by county and case. Verify current court fees with the local court.
Frequently asked questions
What is guardianship in Missouri?
What are the alternatives to guardianship in Missouri?
How long does the Missouri guardianship process take?
Do I need a lawyer to file for guardianship in Missouri?
Guardian vs. conservator in Missouri: what is the difference?
Statutes and sourcesOfficial references used for this page
- Missouri Revised Statutes Chapter 475 - Guardianship and Conservatorship (full chapter)
- Mo. Rev. Stat. 475.010 - Definitions (guardian, limited guardian, conservator, limited conservator, incapacitated person, disabled person, minor, standby guardian, guardian ad litem, conservator ad litem)
- Mo. Rev. Stat. 475.030 - Letters of guardianship or conservatorship, when granted
- Mo. Rev. Stat. 475.035 - Venue for guardianship and conservatorship proceedings (county of domicile or significant connection)
- Mo. Rev. Stat. 475.045 - Who may be appointed guardian of a minor; parental priority; minor over 14 may nominate; testamentary guardian by will of last surviving parent
- Mo. Rev. Stat. 475.046 - Standby guardian permitted, appointment procedure, when authority commences
- Mo. Rev. Stat. 475.050 - Appointment of guardian or conservator of an incapacitated or disabled person; nomination in a durable power of attorney or signed writing; priority order
- Mo. Rev. Stat. 475.060 - Application for guardianship; required contents of the petition
- Mo. Rev. Stat. 475.061 - Application for conservatorship; may be combined with a petition for guardian of the person
- Mo. Rev. Stat. 475.075 - Hearing on capacity or disability; notice and personal service; appointment of attorney for respondent; rights (counsel, jury, evidence, cross-examination, presence); clear and convincing evidence; detailed findings of fact; less restrictive alternative; emergency guardian ad litem or conservator ad litem (subsection 15)
- Mo. Rev. Stat. 475.080 - Appointment of limited guardian or limited conservator; least restrictive alternative principle; maximum self-reliance
- Mo. Rev. Stat. 475.082 - Annual court review of adult wards and protectees; guardian's annual status report on the anniversary of letters
- Mo. Rev. Stat. 475.100 - Bond of conservator of the estate of a minor or disabled person
- Mo. Rev. Stat. 475.105 - Letters of guardianship or conservatorship, form
- Mo. Rev. Stat. 475.120 - General powers and duties of guardian of the person; least restrictive residential setting; best interest of the ward
- Mo. Rev. Stat. 475.130 - General duties and powers of conservator of the estate; prudent-person standard; duty to protect, preserve, manage, and account
- Mo. Rev. Stat. 475.270 - Annual settlements of the conservator, due within 60 days after the anniversary of appointment
- Mo. Rev. Stat. 404.705 - Durable power of attorney; procedure to create, requirements, effect (Missouri Durable Power of Attorney Law, 404.700 to 404.737)
- Mo. Rev. Stat. 404.822 - Durable power of attorney for health care; attorney in fact's powers begin on physician certification of incapacity (404.800 to 404.865)
- Mo. Rev. Stat. 459.015 - Life support declaration (living will); Missouri Life Support Declarations Act, 459.010 to 459.055
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Information current as of July 17, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Missouri can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.