Guardianship & Conservatorship Attorney in Kansas City, Missouri

Taking the legal steps to protect a loved one who can no longer manage their own affairs can feel overwhelming. However, conservatorships and guardianships are vital legal tools that help your at-risk loved ones receive the care and oversight they need. Understanding how these legal arrangements work and their types is the first step in determining what is best for your loved one.

At KC Estate & Special Needs Planning, we are here to walk you through each stage of the process with care and experience. Together, we can build a plan and implement the needed steps and methods to get you and your family on the right track. Schedule a consultation to learn more about your options.

What Is a Conservatorship?

A conservatorship is a legal arrangement in which a court appoints a responsible person, known as a conservator, to manage the financial affairs of an individual who is deemed unable to do so themselves. This could be due to age, disability, or incapacitation resulting from illness or injury.

A conservator has the authority to oversee and make decisions about the person’s financial well-being, which may include handling income, paying bills, and managing investments. While each situation is unique, conservatorships are often necessary in the following scenarios:

• The individual has become incapacitated and has no valid power of attorney in place.

• The person is incapable of managing their finances due to cognitive decline, mental illness, or developmental disabilities.

• There is evidence of financial exploitation or poor financial decision-making that puts the individual’s assets at risk.

Ultimately, a conservatorship serves as a vital safeguard to protect a person's assets and financial stability when they can no longer advocate for themselves. By providing structured oversight, it ensures that their resources are used appropriately for their care and long-term needs.

What Is a Guardianship?

A guardianship, on the other hand, involves appointing a responsible individual, known as a guardian, to make personal and health-related decisions on behalf of someone who is unable to do so. This includes choices about where the individual resides, their medical care, and other critical decisions affecting their overall well-being. Guardianships may be needed under the following circumstances:

• The individual is unable to meet basic needs, including food, shelter, and safety.

• Specific medical decisions need to be made, but the individual is unable to provide informed consent.

• The individual does not have an advance directive, such as a durable power of attorney for healthcare, in place.

Ultimately, a guardianship serves as a protective measure to prioritize an individual’s personal health and safety when they can no longer advocate for themselves. By establishing a guardianship, you and your family can know your loved one's day-to-day needs are being managed by a trusted advocate.

Our Conservatorship Services

There are different types of conservatorships available in Kansas and Missouri, depending on the individual's needs and current situation. The first is a general conservatorship. A general conservatorship is established when an individual requires full assistance in managing all aspects of their financial life. This includes handling bank accounts, investments, property, and other assets.

In addition, there is a limited conservatorship. A limited conservatorship gives the conservator authority over specific aspects of the individual’s financial life. It is typically used in cases where the individual can manage some of their affairs but needs assistance in certain areas.

Our Guardianship Services

Similarly, guardianships can be tailored to meet an individual's particular needs. Kansas City courts recognize two specific types. Firstly, a full guardianship. A full guardianship grants the guardian complete authority over the individual's personal and health-related decisions. This type is common when the individual is entirely unable to manage their personal affairs.

Secondly, a limited guardianship. A limited guardianship grants the guardian authority to make only specific decisions on behalf of the individual, while allowing them to retain control over other areas of their life. This is often appropriate for individuals who can make some decisions but require assistance in critical areas such as medical or living arrangements.

How Our Firm Can Help

Every family’s situation is unique, and determining whether a conservatorship or guardianship—or both—is necessary requires a comprehensive understanding of the individual’s needs. At KC Estate & Special Needs Planning, we take a personalized and compassionate approach to guide you through the complexities of these legal processes. Our legal team will:

• Explain the differences between conservatorships and guardianships to determine which one is suitable for your situation.

• Assess alternatives to these arrangements, such as powers of attorney or trusts, to minimize court involvement where possible.

• Represent you at every stage of the legal proceedings, from initial petitions to ongoing support after appointment.

We are here to ensure your loved one’s rights and interests are protected every step of the way. Let us help you create a plan that provides peace of mind for the future.

Conservatorship & Guardianship Legal Assistance in Kansas City

Conservatorships and guardianships are powerful tools to ensure your loved one is cared for, both financially and personally. While the legal process can seem daunting, the support of our experienced attorney at KC Estate & Special Needs Planning can make a significant difference.

Located in Kansas City, Missouri, we serve clients throughout the state and the Kansas City metro area. Contact us today to schedule a consultation and take the first step in securing your family member’s future with the compassion and respect they deserve.