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Guardianship in Missouri: How Families Get a Guardian for a Parent, Step by Step

When a parent can no longer decide and nothing was signed, a Missouri probate court can appoint a guardian, a conservator, or both. Here is how Chapter 475 of the Revised Statutes works, from the petition to the annual report.

By naveen · Updated October 13, 2026 · How we research our guides

In Missouri, a family gets a guardian for a parent by petitioning the probate division of the circuit court in the parent's home county and proving, by clear and convincing evidence, that the parent is incapacitated. Guardianship is the court process a family turns to when a parent can no longer make their own decisions and there's no power of attorney or advance directive in place. If your parent can still sign, a Missouri durable power of attorney and a health care power of attorney let them choose who acts for them. Chapter 475 also covers guardians for minors; this guide is about adults.

What is guardianship in Missouri?

Guardianship in Missouri is a court appointment under Chapter 475 of the Revised Statutes, and Missouri splits the job in two: a guardian looks after the person, a conservator looks after the money. The definitions are in RSMo 475.010:

One person can hold both roles. For the general picture, see our guide to conservatorship and guardianship.

Senate Bill 806 of 2018 last amended the definitions, hearing rules and priority list and added a ward's bill of rights; the Revisor's chapter index, checked in October 2026, lists no section effective after August 28, 2023.

When does a parent need one, and what are the alternatives?

A parent needs a guardian only when a court finds they're incapacitated and that nothing less restrictive will meet their needs. Under RSMo 475.079, the court may appoint a guardian if it is found "upon proof by clear and convincing evidence" that your parent is incapacitated "and that the respondent's identified needs cannot be met by a less restrictive alternative." If your parent can still manage their essential needs or their money, the court "shall deny the petition" (RSMo 475.075).

The alternatives are written into RSMo 475.075: "Before appointing a guardian or conservator, the court shall consider whether the respondent's needs may be met without the necessity of the appointment of a guardian or conservator, or both, by a less restrictive alternative." The list includes:

• A durable power of attorney your parent signed before the petition was filed.
• A trust managed by a trustee, or a representative payee handling public benefits.
• "Supported decision-making agreements or the provision of protective or supportive services or arrangements provided by individuals or public or private services or agencies."
• Appropriate services or assistive technology.
• A limited guardian or conservator instead of a full one.

If a guardian is still needed, the court "shall apply the least restrictive alternative principle." For a parent who is only partially incapacitated, it appoints a limited guardian and must "design the guardianship so as to encourage the development of maximum self-reliance and independence in the individual" (RSMo 475.080).

Who can be the guardian?

Any qualified adult can be appointed, but your parent's own choice and the family come before strangers. Under RSMo 475.050, the court must consider, in order, people willing to serve:

1. Anyone your parent nominates, if at the hearing your parent is "able to make and communicate a reasonable choice."
2. Anyone your parent nominated in a durable power of attorney, or in a writing signed by your parent and two witnesses, before the incapacity began.
3. Your parent's "spouse, parents, adult children, adult brothers and sisters and other close adult relatives."
4. A person nominated in the probated will of such a spouse or relative.

"Except for good cause shown, the court shall make its appointment in accordance with the incapacitated or disabled person's most recent valid nomination." And "The court shall not appoint an unrelated third party as a guardian or conservator unless there is no relative suitable and willing to serve" or a relative's appointment would be against your parent's best interests. If no one suitable can be found, the county public administrator can take charge (RSMo 473.743).

Under RSMo 475.055, anyone under 18, anyone incapacitated or disabled, and any "habitual drunkard" can't serve, nor can someone whose letters were revoked in the past two years. Staff and owners of a state-licensed facility can't serve for a resident unless related within the fourth degree. A guardian can live outside Missouri unless the court finds that keeps them from doing the job. A proposed guardian who isn't your parent's nominee must file a background screening at their own expense, but that rule doesn't apply to your parent's spouse, parents, adult children or adult siblings.

How do you get guardianship of a parent in Missouri?

"Any person may file a petition for the appointment of himself or herself or some other qualified person as guardian or limited guardian of an incapacitated person" (RSMo 475.060). The case goes to the probate division of the circuit court in the county where your parent is domiciled; placement in a care facility by a court, fiduciary or agency doesn't by itself change domicile (RSMo 475.035). The steps, under RSMo 475.075 unless noted:

1. File the petition. It must give "The reasons, incidents, and specific behaviors demonstrating why the appointment of a guardian or limited guardian is sought," and list your parent's property, close relatives and any agent under a durable power of attorney. A conservatorship can be requested in the same petition.
2. A hearing date. If there's good cause, the court "shall promptly set the petition for hearing."
3. A lawyer for your parent. The court "shall immediately appoint an attorney to represent the respondent," who must visit your parent at least 24 hours before the hearing unless the court excuses it. "The petitioner shall not nominate an attorney for the respondent." Your parent can also have a private lawyer.
4. Notice. Your parent is served in person with the petition, the hearing date, their lawyer's name and a copy of their rights. Notice also goes to close family, the proposed guardian, and anyone handling your parent's finances or care.
5. An evaluation, if ordered. The court "may direct that the respondent be examined by a physician, licensed psychologist, or other appropriate professional," who must first tell your parent "That respondent has the right to remain silent" and then report in writing.
6. The hearing. "The petitioner has the burden of proving incapacity, partial incapacity, disability, or partial disability by clear and convincing evidence." Your parent has "The right to have a jury trial," and the rights to be present, present evidence, cross-examine witnesses, open or close the hearing, and appeal.
7. The order. The findings must say whether your parent needs supervised living, "Whether the respondent retains the right to vote," and whether they may drive or marry.
8. Letters. "A person becomes a guardian or conservator of a minor or incapacitated or disabled person upon issuance of letters of guardianship or conservatorship by the court" (RSMo 475.055). Any limits on the guardian's powers are stated in the letters.

What about an emergency?

In an emergency, a Missouri court can appoint an emergency guardian ad litem for up to ninety days after a fast hearing. Under RSMo 475.075, if your parent has no guardian or conservator and "an emergency exists that presents 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, after notice to your parent and their lawyer and a hearing, "appoint an emergency guardian ad litem or conservator ad litem for a specified period not to exceed ninety days and for specified purposes."

"Except for good cause shown, the court shall hold a hearing on petitions filed under this section within five business days of the filing of the petition." Each extension, of up to ninety days, needs another hearing and a showing of continuing need.

What does a guardian have to do?

A Missouri guardian makes decisions about your parent's care, health and welfare in their best interest, and reports to the court every year. Under RSMo 475.120, "A guardian shall exercise authority only as necessitated by the adult ward's limitations and, to the extent possible, shall encourage the adult ward to participate in decisions, act on the adult ward's own behalf, and develop or regain the capacity to manage the adult ward's personal affairs." The guardian must "Assure that the ward resides in the best and least restrictive setting reasonably available" and arrange needed care.

Every year, the guardian "shall file annually on the anniversary date of the guardian's or limited guardian's letters a report concerning the personal status of the adult ward and plans by the guardian or limited guardian for future care" (RSMo 475.082). It covers contact with your parent, their condition, whether the guardianship should continue, and a plan for the coming year. The court reviews every adult guardianship at least yearly.

A conservator has more paperwork:

• Bond. "Every conservator of the estate of a minor or disabled person, before entering upon the duties of his office, shall execute and file a bond" (RSMo 475.100). The sections we read don't require one from a guardian of the person only.
• Inventory. Due on the same terms as a decedent's estate (RSMo 475.145), which is within thirty days after letters unless the court allows longer (RSMo 473.233).
• Annual settlement. An accounting filed "at a time fixed by the court within sixty days after the anniversary of the appointment" (RSMo 475.270). The court can waive it when a representative payee controls the money or the estate is within public-benefit limits.

Some decisions need the court first. A guardian can't admit your parent to a mental health facility for more than thirty days without a court order (RSMo 475.120). Selling or mortgaging your parent's real estate takes a conservator's petition and a court order (RSMo 475.200), and your parent gets ten days' notice of the hearing (RSMo 475.230). The sections we read don't set a training requirement for guardians.

An agent under an existing financial power of attorney stays accountable: the agent "shall follow the instructions of the court or of the legal representative" (RSMo 404.714). If you suspect someone is exploiting your parent, Missouri's Adult Protective Services offers protective services to people 60 and older, and our guide to protecting a parent from scams covers the warning signs.

What rights does your parent keep, and how does it end?

Your parent keeps a statutory bill of rights, and a partial guardianship removes only the rights its order lists. Under RSMo 475.361, "in every guardianship, the ward has the right to" a guardian who acts in their best interests, to "Communicate freely and privately with family, friends, and other persons other than the guardian" (limited only for good cause), to "The least restrictive form of guardianship assistance," to "Be restored to capacity at the earliest possible time," and to "Participate in any health care decision-making process." An adult ward can also petition for rights back, such as choosing where to live.

Two rules in that section matter if your parent signed documents earlier. "The appointment of a guardian shall revoke the powers of an agent who was previously appointed by the ward to act as an agent under a durable power of attorney for health care, unless the court so orders." And "The appointment of a guardian is not a determination that the ward lacks testamentary capacity." A parent found only partially incapacitated is presumed competent (RSMo 475.078).

A guardianship can be changed or ended under RSMo 475.083:

• Petition. Your parent, the guardian, or anyone on your parent's behalf can ask the court to restore your parent, reduce the guardian's powers or return rights. "The petition from the ward or protectee or on behalf of the ward or protectee may be an informal letter to the court," and anyone who blocks it can be cited for contempt.
• Hearing. The court appoints a lawyer if your parent has none. "The burden of proof by a preponderance of the evidence shall be upon the petitioner," and a petition can be filed once every 180 days.
• Court review. If the annual review suggests incapacity has ended, the court "shall appoint an attorney to file on behalf of the ward or protectee a petition for termination of the guardianship or conservatorship or for restoration" (RSMo 475.082).

How much does it cost?

Missouri's filing costs are set by statute and Supreme Court rule, and the total varies by county. Before any Supreme Court adjustment, RSMo 488.012 lists $50 for letters of guardianship of an incapacitated person and $75 for guardianship and conservatorship together. The statute says the Supreme Court sets current amounts by rule, so the clerk's figure may differ.

County deposits differ again. The 16th Circuit's probate fee page for Jackson County listed $115.50 for an incapacitated person's guardianship, not including service, when we checked in October 2026.

Under RSMo 475.085, costs come from your parent's estate if the court finds them incapacitated or disabled, or from the county if the estate can't cover them; if your parent is found not incapacitated, the person who filed pays. "The court shall accept and act upon a petition as to an indigent respondent without requiring a filing fee." Attorney fees for the person filing vary; an elder law attorney can explain what to expect.

Frequently asked questions

Does my parent get a lawyer in a Missouri guardianship case?

Yes. When the petition is filed, the court must immediately appoint a lawyer for your parent, who visits at least 24 hours before the hearing. The person filing can't choose that lawyer, and your parent can also have private counsel. The lawyer's fee is a cost of the case, paid from your parent's estate if they're found incapacitated.

Does a power of attorney avoid guardianship in Missouri?

It can. The court must consider a durable power of attorney signed before the petition as a less restrictive alternative, and a person nominated in one ranks second in priority. Appointing a guardian does revoke a health care agent's powers unless the court orders otherwise. Your parent must be able to sign the document.

What is the difference between a guardian and a conservator in Missouri?

A guardian is appointed for an incapacitated person and makes decisions about care, health and where they live. A conservator is appointed for a disabled person and manages money and property under court supervision, with a bond, an inventory and annual settlements. One person can serve as both, and either role can be limited.

How long does an emergency guardianship last in Missouri?

An emergency guardian ad litem or conservator ad litem serves for a specified period of no more than ninety days. The court must hold the hearing within five business days of filing unless there's good cause. Extensions of up to ninety days each require another hearing and a showing that the emergency continues.

How often does a Missouri guardian report to the court?

Once a year. The guardian files a report on the anniversary of the letters covering your parent's condition, contacts, care and a plan for the coming year. A conservator also files an annual settlement of accounts within sixty days after the appointment anniversary. The court reviews every adult guardianship at least yearly.

Can a guardianship in Missouri be ended?

Yes. Your parent or anyone on their behalf can petition to restore them or reduce the guardian's powers, even by informal letter. The court appoints a lawyer if needed, and the person asking must prove the case by a preponderance of the evidence. A petition can be filed once every 180 days.

Getting started

Guardianship is the route that's left when nothing was signed in time. If your parent can still decide, a durable power of attorney and a health care power of attorney let them choose who acts for them, and can nominate the guardian if a court is ever needed. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.

Build your plan

Sources

• RSMo Chapter 475, Probate Code: Guardianship: the full chapter on the Missouri Revisor of Statutes site.
• RSMo 475.050, Order of priority: nominations, family priority and background screening.
• RSMo 475.075, Hearing on capacity: notice, the appointed lawyer, your parent's rights, alternatives and emergencies.
• RSMo 475.079, Order appointing guardian: the clear and convincing evidence standard.
• RSMo 475.083, Termination and restoration: changing or ending a guardianship.
• RSMo 475.361, Rights of wards: the rights your parent keeps.
• RSMo 488.012, Court costs: statutory guardianship fees.
• 16th Judicial Circuit, Probate Filing Fees: one county's guardianship filing costs.

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