Disclaimer: This is general information about Missouri law and not legal advice. Consult a licensed Missouri attorney for guidance about a specific case.
Detailed Answer
Short answer: In Missouri, being appointed guardian of the person does not automatically make you the guardian of the estate. The two roles are distinct. The court must separately appoint a conservator (often called a guardian of the estate in other states) or grant a separate estate/financial guardianship order before you may lawfully manage the ward’s assets.
Missouri law separates authority over personal-care decisions from authority to manage money and property. The statutory framework that governs these appointments and duties appears in the Missouri Revised Statutes, Chapter 475 (Guardians and Conservators). See: RSMo Chapter 475 — Guardians and Conservators.
Why the court keeps them separate
The court treats decisions about a person’s daily life (where they will live, medical care, schooling, etc.) differently from the fiduciary responsibilities of handling bank accounts, paying bills, collecting income, selling property, and investing assets. Separating the roles helps protect the ward’s financial interests and creates distinct duties, bonds, filings, and accounting requirements for whoever manages the estate.
What the separate appointment means in practice
- If the court appoints you only as guardian of the person, your legal authority is limited to personal-care decisions listed in the court order. You do not have authority to access bank accounts, sign contracts on behalf of the ward, sell real estate, or otherwise deal with the ward’s assets unless the order specifically grants such powers.
- To handle financial matters, you generally must be appointed by the court as conservator of the estate (or as guardian of the estate if the local practice uses that term) in a separate proceeding or by a separate court order. The court will issue letters of conservatorship or similar documents evidencing that authority.
- The same person can be appointed both guardian of the person and conservator/guardian of the estate, but the court must make both appointments and define each role’s powers and duties in the orders.
Typical requirements and procedures for getting estate authority
- File a petition asking the probate court to appoint a conservator (or guardian of the estate) for the person’s property and income. The petition must state why the person needs a conservator and describe assets and liabilities.
- The court will give notice to interested parties and may appoint an attorney or investigator for the alleged incapacitated person.
- The court will generally require an inventory of assets, may require a bond, and will set periodic accounting and reporting requirements for the conservator. See RSMo Chapter 475 for these duties and procedures: https://revisor.mo.gov/main/OneChapter.aspx?chapter=475.
- If you need immediate access to funds for the person’s care, the court can sometimes authorize limited access or interim authority, but that still comes from a court order—not from the guardianship of the person alone.
Duties and limitations once appointed conservator/guardian of the estate
- Fiduciary duty: manage assets prudently and in the ward’s best interest.
- Reporting: file inventories, accountings, and reports to the court on schedule.
- Bond: the court may require a surety bond unless waived for good cause.
- Restricted transactions: the conservator typically must get court approval for major asset transactions (selling real estate, large gifts, certain investments).
Hypothetical example
Suppose a court appoints you guardian of the person for an adult with cognitive decline. You may decide on medical care and where the person lives. But you cannot legally close the person’s bank account to pay for a long-term care facility or sell the person’s home to pay bills unless the court also appoints you conservator of the estate (or otherwise orders that you have authority over those assets).
Where to look in Missouri law
Missouri’s statutory rules for guardians and conservators are in the Revised Statutes, Chapter 475. Review that chapter for definitions, appointment procedures, bonding, inventories, and accounting rules: RSMo Chapter 475 — Guardians and Conservators. For local practice and forms, contact the probate or circuit court in the county where the proceeding would be filed.
Helpful Hints
- Do not assume bank or financial institutions will honor a guardianship order for the person alone. They usually ask for letters of conservatorship or a court order showing estate authority.
- If you anticipate managing both care and finances, request both appointments at the start—this can avoid delay and extra hearings.
- Keep careful records from day one: receipts, invoices, bank statements, and notes of decisions. Courts expect clear accounting.
- Expect the court to require an inventory soon after appointment and periodic accountings thereafter.
- Ask the court about bond requirements. Sometimes the court waives the bond when appropriate, but often a bond is required to protect the ward’s assets.
- If family members disagree, consider mediation or consult an attorney experienced in Missouri guardianship/conservatorship procedure to help present the case to the court.
- Look up RSMo Chapter 475 for statutory language and procedures: https://revisor.mo.gov/main/OneChapter.aspx?chapter=475.
When to consult an attorney
If you anticipate handling significant assets, complex investments, business interests, or disputes among family members, contact a Missouri attorney who practices in probate/guardianship law. They can help prepare petitions, advise about bonds and accountings, and represent you at hearings.
Again, this is informational only and not legal advice. Contact a Missouri-licensed attorney for help tailored to your situation.