Guardianship: When a Child Turns 18
Many parents find themselves in this difficult situation: their disabled or incapacitated child turns 18 and the parent can no longer legally make decisions on their child’s behalf. In Missouri, under the right circumstances, parents can obtain an adult guardianship or conservatorship over their adult child upon the age of 18.
Under Missouri guardianship law, an adult is a person who has reached 18 years of age regardless of their abilities. When a person reaches age 18, they are legally in charge of their own affairs. Often times, this can be alarming for the parent who has cared for their incapacitated or disabled child throughout their lifetime. For that parent to continue to guardian their adult child, or to handle their finances as a conservator, the parent needs to file an application to be appointed as the guardian or conservator with the probate court. this can be a complex proceeding and most courts will require an attorney to file the matter on your behalf.
Guardianship is a legal process that determines the capacity of the individual to make decisions on their own. If a determination has been made that the individual cannot make those decisions, a court may appoint a person to make those decisions for them. Upon appointment, the guardian is then allowed to again handle the affairs of their child. A conservator is a person who handles the financial affairs of the adult who has been adjudged disabled and unable to handle their own finances.
Anyone may be appointed as guardian or conservator for an incapacitated or disabled individual. However, the probate court generally gives preference to immediate family members who consent to the appointment. If you need to file for guardianship over your soon to be adult child, contact us for assistance. We will make the process easy and affordable: 816-774-1107.
