MO Guardianship: Understanding Your Options & Alternatives This project is sponsored by the...

MO Guardianship:Understanding Your

Options & AlternativesThis project is sponsored by the

Missouri Planning Council on Developmental Disabilities (MPCDD)

Developed by:UMKC Institute for Human Development (UCEDD)

215 W. Pershing, 6thFloorKansas City, MO 64108

(816) 235-1770 www.ihd.umkc.edu

In collaboration with:Missouri Protection and Advocacy Services

andPeople First of Missouri

Jane St. John

• University of Missouri, Kansas City – Institute for Human Development, UCEDD

• Individual Advocacy and Family Support

• Mom to Ben & Matt

To empower individuals with developmental disabilities or

special healthcare needs, their families, and key supporters to

make informed decisions as they consider options and alternatives for achieving an appropriate level

of support and/or protection.

Goal:

Why are you thinking about

guardianship for support and/or

protection?

Common Responses• A child with a developmental disability or special healthcare need

is about to reach the age of 18• Been told by a school administrator, teacher, service provider or

other professional that they need guardianship to maintain their rights to provide support and/or protection for someone they care about

• Being pressured by someone to file for guardianship• Worried about the well-being of someone they care about• Feel that someone they care about is at risk of being taken

advantage of• Because someone they care for or someone they work with is

experiencing a difficult time.

Objectives:Helping you understand how to:

1. BALANCE SUPPORT & PROTECTION with autonomy and self-determination.

2. IDENTIFY OPTIONS AND ALTERNATIVESto full/plenary guardianship for the appropriate level of decision-making support and/or protection.

3. ACCESS ALTERNATIVES TO GUARDIANSHIP, as well as accessing Missouri courts to pursue guardianship options.

Balancing Protection & Assistance

with

Autonomy & Self-Determination

“Every person can make choices and

has a right to make decisions.

~ Dohn Hoyle, The Arc of Michigan

It is important to remember that all adults are presumed competent to

make choices about their lives.

Sometimes, because of limited cognitive or communication skills, a

person may need help making or expressing decisions.

Involves a support group/team of family members, friends, professionals and most importantly, the individual.

Individual chooses the members.

Individual identifies areas in which the individual may need assistance and support and decide how the team/support group can help meet those needs.

Making person-centered decisions…

“Any legal system or proceeding which deprives an individual of her/his right to

be accommodated and supported in choosing and making decisions, and which

appoints a substitute decision-maker based on tests of competence,

makes that person vulnerable and deprives him/her not only

of his/her right to self-determination, but also of other rights…”

~ Dohn Hoyle, The Arc of Michigan

What is Guardianship?Missouri Revised Statutes

Chapter 475 Probate Code--Guardianship

(6) "Guardian", one appointed by a court to have the care and custody of the person of a minor or of an incapacitated person. A "limited guardian" is one whose duties or powers are limited. The

term "guardian", as used in this chapter, includes "limited guardian" unless otherwise specified or

apparent from the context;

Plenary or “Full” Guardianship

where to live who they live with who they associate with where they may go in

the community whether or not to marry whether or not to work how to spend money right to vote

who provides personal care

consent or object to medical care

enter into contracts (such as home ownership, rental agreements, marriage)

obtain a driver’s license

How did I know if Ben needed support and/or protection?

IDENTIFYING AREAS OF NEED FOR SUPORT AND/OR ACCOMMODATION :

• Employment

• Money Management

• Health & Nutrition

• Relationships

• Personal Safety

• Community Living

• Personal Decision-Making

• Determining & Directing Services and Supports

Ben’s Story…

What are my alternatives &

options?

Is there an appropriate alternative for my specific need for support and/or

protection?

•Friends & Family

•Advocacy Organizations

•Community Supports

•Systems Supports

GENERAL SUPPORTS

•Personal Contract/Agency Agreement

•Power of Attorney

•Health Care Power of Attorney

DECISION-MAKING/HEALTH SUPPORTS

Limited and/or Joint Bank Accounts, Direct Deposit, and Automatic Bill Pay

Living Trust Special Needs Trust

MONEY MANAGEMENT

Adult Protective Services

Protection Order/TRO

PERSONAL SAFETY

Accessing the ALTERNATIVES

toGuardianship

Friends/FamilyAdvisors/Advocacy OrganizationsCommunity SupportsRepresentative Payee Limited and/or Joint Bank AccountsDirect Deposit and Automatic Bill Pay Protection Orders (TRO) Personal Contract/Agency Agreement

What can you access on your own?

Durable Power of Attorney Durable Power of Attorney for Health Care Living Will Living Trust Special Needs Trust Adult Protective ServicesLimited Guardianship Full/Plenary Guardianship

What might you need an attorney to access?

Plenary /Full Guardianship or

Limited Guardianship

GUARDIANSHIP OPTIONS

What is the process for filing for

guardianship or to make a change in

guardianship status?

Filed with clerk of court in the county where you live:

PetitionFormCost

Which court should the petition be filed in?

•Parent or family member

•Person with disability or special healthcare need

•Potential Guardian

•Someone who is responsible for the person’s care

•A facility providing care, like a hospital or nursing

home

•ANY other interested party

Who can file?

Schedule a hearing Send notices Order medical and/or psychological evaluation May appoint an attorney and/or guardian ad litem Question ward, proposed guardian, and witnesses

What will the court do?

X.

What information do I need to have ready to

give my attorney in order to achieve the

desired outcome?

Does the court have to follow my instructions and/or request for who is to be

appointed guardian?

• Not necessarily. • The final decision rests with the court. • The court will appoint your nominee if it determines that he or she is eligible to act and would serve in the ward’s best interest.

Write an Order including the following findings of fact:•The extent of your physical and/or mental incapacity to care for yourself;•The extent of your physical and/or mental disability to manage your finances•Whether or not you require placement in a supervised living situation, and, if so, the level of supervision you need; and•Whether or not you need supervision to manage your finances, and, if so, the level of supervision you need.

What will the Court do?

Depending upon your level of incapacitation or disability as determined above, the Court will then Order:•The appointment of a Guardian or Conservator ad litem;•The appointment of a Limited Guardian and/or Limited Conservator; or•The appointment of a Full Guardian and/or Full Conservator.

What will the Court do? (cont.)

Place you in your least restrictive environment;Provide your medical care;Promote your care, comfort, health, safety and

welfare;Provide consent on your behalf; andExercise power to ensure you receive all of the

aboveProtect, preserve and manage your estate;Invest your assets prudently;Account for your property;Perform all other duties required by law; andUpon termination, surrender your assets.

Guardianship Duties and Powers

MO Guardianship: Understanding Your Options and Alternatives

Resource Guide

Where do I get more information?

Jefferson City Office (Administration)925 S. Country Club DriveJefferson City, MO 65109Tel: 573-893-3333 / 866-777-7199Fax: 573-893-4231

Jefferson City Office (Application Unit)925 S. Country Club DriveJefferson City, MO 65109Tel: 573-659-0678 / 800-392-8667Fax: 573-659-0677

St. Louis Office1992 Innerbelt Business Center DriveOverland, MO 63114Tel: 314-785-1702 / 800-233-3958

Kansas City Office3100 Main Street, Suite 207Kansas City, MO 64111Tel: 816-756-1001 / 800-233-3959

Fulton OfficeP.O. Box 6187Fulton, MO 65251Tel: 573-592-2738 (JC office X-20)

MO Protection & Advocacy Services

UMKC Institute for Human Development, UCEDD215 W. Pershing, 6th FloorKansas City, Missouri 64108816.235.1770 Phone800.452.1185 TTY888-503-3107 Fax

800.444.0821 Mo. Family to Family Resource Center

UMKC Institute for Human Development

MO Guardianship:Understanding Your

Options & Alternatives

Thank you for participating!