St. Louis Conservatorship Lawyer

A conservatorship is a legal relationship in which a person, known as the conservator, is appointed by a court to manage another person’s financial and personal affairs, known as the conservatee. Conservatorships are often used to protect the assets and well-being of individuals unable to manage their own affairs due to physical or mental incapacity, such as scenarios under elder law or individuals with developmental disabilities.

In Missouri, conservatorships are governed by state law and can be complex and time-consuming. If you’re considering seeking a conservatorship for a loved one, it’s important to understand the process and seek the guidance of an experienced conservatorship litigation attorney.

At Stange Law Firm, our experienced St. Louis conservatorship attorneys can help you navigate the process and vigorously advocate for your interests in court. We understand the importance of protection over your loved one’s well-being and will work tirelessly to ensure their rights are protected and respected. Whether you’re looking for a full or limited conservatorship, our experienced conservatorship attorneys can provide the comprehensive legal counsel you deserve. Connect with our estate planning attorneys today to learn more about how we can help.

How Long Does It Take to Get a Conservatorship?

The time it takes to obtain a conservatorship can vary depending on the case’s circumstances. In general, the process can take several months to complete. The first step in obtaining a conservatorship is to file a petition with the court, which will require the submission of various documents and information. The court will then schedule a hearing to determine whether a conservatorship is necessary and, if so, who should be appointed as the conservator.

After the hearing, the court will issue an order either granting or denying the petition for conservatorship. If the petition is granted, the court will appoint a conservator and issue an order outlining the conservator’s duties and responsibilities. The conservator will then be required to file an inventory of the conservator’s assets and file periodic reports with the court to account for managing the conservator’s affairs.

Overall, the time it takes to obtain a conservatorship can vary depending on the case’s specific circumstances and the court system’s efficiency. Therefore, it’s important to work with an experienced conservatorship attorney to ensure that the process is handled efficiently and effectively.

How Do You Get a Conservatorship in Missouri?

To obtain a conservatorship, you must first file a petition with the court. The petition will need to include information about the conservator, such as their name, address, and date of birth, as well as information about the proposed conservatee, such as their name, address, and relationship to the conservator. The petition will also need to include a statement explaining why a conservatorship is necessary and outlining the specific duties and responsibilities the conservator will be responsible for.

After the petition is filed, the court will schedule a hearing to determine whether a conservatorship is necessary and, if so, who should be appointed as the conservator. At the hearing, the court will consider evidence from the parties and any interested parties, such as witnesses or medical professionals. The court will then issue an order either granting or denying the petition for conservatorship.

If the petition is granted, the court will appoint a conservator and issue an order outlining the conservator’s duties and responsibilities. The conservator will then be required to file an inventory of the conservatee’s assets and file periodic reports with the court to account for managing the conservatee’s affairs.

It’s important to work with an experienced conservatorship attorney to ensure the petition is properly prepared and presented to the court. An attorney can also help you navigate the legal process and advocate for your interests throughout the conservatorship proceedings.

Do Guardians Get Paid in Missouri?

Conservators are typically paid for their services. The conservator’s compensation will depend on the specific terms of the conservatorship order and the complexity of the conservatee’s affairs. The conservatee’s assets may pay the conservator’s fees, or the petitioner may pay them if the conservatee’s assets are insufficient to cover the costs.

The court will typically review the conservator’s fees to ensure they are reasonable and necessary. The conservator may be required to provide an itemized list of their fees and expenses and a report on the management of the conservatee’s affairs. The court may also appoint an attorney to represent the conservatee’s interests in the matter.

It’s important to note that the terms of the conservatorship order may limit the conservator’s duties and responsibilities. For example, the conservator may be required to obtain court approval for certain actions or decisions, such as the sale of real estate or the distribution of the conservatee’s assets. As such, it’s important to work with an experienced conservator and attorney to ensure that all legal requirements are met.

How Do You Get Someone Declared Incompetent?

To obtain a conservatorship, the individual seeking the conservatorship (the petitioner) must prove that the proposed conservatee cannot manage their own affairs due to physical or mental incapacity. This is typically done by submitting medical or psychiatric evidence, such as a doctor’s report or a psychological evaluation.

The petitioner must also demonstrate that a conservatorship is necessary to protect the proposed conservatee’s assets and well-being. This may require submitting evidence such as financial records or a statement from a family member or caregiver.

Once the petition for conservatorship is filed, the court will schedule a hearing to determine whether the proposed conservatee cannot manage their affairs and whether a conservatorship is necessary. At the hearing, the court will consider evidence from the petitioner and any interested parties, such as witnesses or medical professionals. The court will then issue an order either granting or denying the petition for conservatorship.

Contact Stange Law Firm Today

If you have questions about conservatorship in Missouri, you must speak with an experienced attorney. The attorneys at Stange Law Firm can help you understand the process and ensure that your interests are protected throughout the conservatorship proceeding. Contact Stange Law Firm today to schedule a consultation. We are eager to assist you and answer your questions.

Greene County, St. Louis Office : 901 E. St. Louis, Suite 404, Springfield, Missouri 65806