Information For Guardians And Conservators {10194a} | Pdf Fpdf Doc Docx | Missouri

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Information For Guardians And Conservators {10194a} | Pdf Fpdf Doc Docx | Missouri

Information For Guardians And Conservators {10194a}

This is a Missouri form that can be used for Probate within Local Circuit Courts, 16th Circuit (Jackson County).

Alternate TextLast updated: 6/12/2007

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IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI - PROBATE DIVISION INFORMATION FOR GUARDIANS AND CONSERVATORS To help you perform your duties properly, described below are the general duties and obligationsof a guardian and conservator. 1. If you have been appointed guardian, you have charge of the respondents person andrespondent is known as a ward. If you have been appointed conservator, you have charge of therespondents property and respondent is known as a protectee. If you have been appointed both guardianand conservator you have charge of both respondents person and property and respondent is known asboth a ward and protectee. Your authority as guardian and conservator may be limited by the orderappointing you. Consult your attorney as to the extent of your authority. 2. As guardian, you have the duty to take charge of the person of the ward and to provide for thewards care, treatment, habilitation, education, support and maintenance; and the powers and duties shallinclude (a) assuring that the ward resides in the best and least restrictive setting reasonably available; (b)assuring that the ward receives medical care and other services that are needed; promoting andprotecting the care, comfort, safety, health, and welfare of the ward; and (d) providing required consentson behalf of the ward. You will be required to file a personal status report annually concerning the care,welfare, and placement of your ward. 3. As conservator, you must take possession of your protectees property to the extent authorizedby the court. The property, income and bank accounts should be kept separate from your own funds inyour name as conservator for the protectee. You must invest the protectees funds according to law andyou are personally liable for imprudent or unauthorized investments. You may only spend theprotectees funds for purposes authorized by statute or court order. You may apply for an order ofcontinuing support and maintenance authorizing you to spend a budgeted sum each month for theprotectee. You will be required to file an annual accounting (called a settlement) showing in detail allreceipts and expenditures occurring during the preceding year. Each entry must be explained and eachexpenditure must be authorized by statute or court order. You may not sell, trade, lease, mortgage,transfer or discard your protectees property without court approval, even though the protectee is yourchild or other relative. 4. In the event the ward or protectee dies or you or the ward or protectee move from one addressto another, you have a duty to notify the court in writing of such death or new address as soon aspossible. 5. If you fail to perform any of your duties as guardian or conservator, you are liable to beremoved from office and be held personally liable for any loss or damage sustained by the ward orprotectee by reason of your failure. You are under a duty, at all times, to act in the best interests of yourward-protectee and to avoid conflicts of interest which impair your ability so to act. 6. In certain cases, expenses of bond and other costs may be saved by placing funds in restricteddeposits and/or securing waiver of filing the annual settlement. Consult your attorney. 7. With court approval, a conservator may use the protectees funds to pay for your attorneysservices. If only limited funds or public assistance (SSI) is available, you may qualify for free legal aid. 8. Under Missouri law, no conservator who is not a licensed attorney, can represent theprotectees estate in connection with court proceedings whether appearing in court or in preparingpleadings to be filed with the court. You must retain an attorney to perform those legal servicesrequired of you. On order of the court, the attorney may be paid compensation for servicesreasonably necessary from the protectees estate. _____________________ _______________________________ Date SignatureForm 10194a

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