Guardianship Attorney in Union, MO
If your father can no longer manage his own care and the doctor won't discuss it with you, or your son with a disability is about to turn 18, the problem is usually the same. Nobody has the legal authority to make decisions for them. Schmanke Law Firm handles guardianship and conservatorship cases for families in Union and the surrounding area. Before filing anything, the firm checks whether a power of attorney or other document already covers the situation.
When Does Someone Need a Guardian?
Guardianship usually comes up because a family is stuck. Someone can no longer safely manage their own medical care, living situation, or day-to-day decisions, and nobody currently has the legal authority to step in and make those calls for them. Sometimes there's a diagnosis behind it. Sometimes it's an injury, a disability, or a gradual decline that's reached the point where informal help from family isn't enough anymore.
Not every situation that looks like this actually needs a guardianship. If the person already has valid planning documents in place, or if less restrictive options could address what's actually happening, a guardianship may not be the right tool, or the only one. That's worth figuring out before filing anything with the court.
What a Guardian Actually Has Authority to Do
A guardian is appointed by the court to make personal decisions for someone the court has found unable to make those decisions safely, things like where they live, medical treatment, and day-to-day care. A guardian's authority is about the person, not their money.
Missouri handles financial decision-making separately, through what's called a conservatorship. A conservator manages property and financial matters for someone the court has found unable to manage them, but a conservator has no authority over that person's medical care or living arrangements. The two roles can be held by the same person or by different people, depending on what the situation calls for.
Guardianship vs. Power of Attorney
People often ask about this before they ask anything else, and it's worth answering directly. A power of attorney is a document someone signs for themselves, while they're still able to make their own decisions, naming someone to act on their behalf. A guardianship is different: it's a court proceeding that happens because the person can no longer make that kind of decision, and there's no valid document already in place that covers it, or the document that exists doesn't actually address what's needed now.
If your family member already signed a power of attorney years ago, it may still cover the situation you're dealing with, or it may not. That depends on how it was written and what's actually going on now. Reviewing what documents already exist is usually the first step, before assuming guardianship is even necessary.
When Family Members Don't Agree
Not every guardianship is straightforward. Sometimes the family agrees on almost everything except who should serve. Sometimes one person believes guardianship is necessary and another doesn't. These disagreements are common enough that they shouldn't be a reason to avoid raising the issue, but they do mean the process may take longer and involve more back and forth than a case where everyone's on the same page from the start.
Reaching Out
Before contacting the firm, it helps to gather whatever documents already exist: any power of attorney, prior estate planning paperwork, medical documentation related to the person's condition, or paperwork the court has already sent if a case is underway. If you don't have all of that yet, that's fine. A consultation is a reasonable place to start even if you're not sure what you have or what you need.
Frequently Asked Questions
What's the difference between guardianship and a power of attorney?
A power of attorney is signed voluntarily by someone while they're still able to make decisions. Guardianship is a court process that happens when someone can no longer make those decisions and no valid document already covers the situation.
What's the difference between a guardian and a conservator in Missouri?
A guardian handles personal decisions, like medical care and living arrangements. A conservator handles financial and property matters. They can be the same person or different people.
What if my family member already has a power of attorney?
It may still apply, depending on how it was written and what's happening now. That's worth reviewing before assuming a guardianship is necessary.
Can a family member serve as guardian?
In many cases, yes, though the court makes the final decision based on what's in the best interest of the person involved.
Can someone object to a guardianship?
Yes. Guardianship is a court process, and interested parties generally have the opportunity to raise concerns or objections as part of that process.
Ready to talk through your situation? Contact Schmanke Law Firm to schedule a consultation.