Laurie A. Knight, Attorney At Law Classic Solutions | Life-Long Results

Guardianship Attorney in Chesterfield

Peace of Mind for Individuals & Families throughout St. Louis County

Guardianship is a legal process in the Probate Court that decides whether an individual is unable to care for him or herself and needs a guardian to oversee their personal affairs due to incapacity.

A conservatorship is a legal process in the Probate Court that decides if an individual needs someone to oversee his or her financial affairs due to incapacity. In both processes, the court must decide if the person is incapacitated. Incapacity is when a person is unable to provide him or herself with food, clothing, shelter, safety, or other care to such an extent that physical injury, illness, or disease is likely to occur.

A guardian may be appointed for an individual if:

  • The person is adjudged to be incapacitated
  • The person is a minor and has no living parents or the parents are unable, unwilling, or unfit to care for the child

Further, any interested person can file to become the guardian of an incapacitated person or minor child. Under most circumstances, a family member is petitioning the court to become the guardian.

If you need professional assistance with a guardianship petition, work with Laurie A. Knight, Attorney at Law, LLC. Chesterfield guardianship attorney Laurie A. Knight has over 13 years of experience helping families find peace of mind and overcome the difficult process of obtaining a guardianship.

Contact Laurie online or call (636) 200-5533 to schedule an appointment.

Navigating the Process

Once a petition for guardianship is filed, the court appoints an attorney for the alleged incapacitated person or a Guardian ad Litem for a minor child. The incapacitated person has the right to a jury trial if he or she feels that he or she is not incapacitated and does not want someone to be appointed as guardian. At the hearing, the person requesting to be guardian must prove to the court that the person is unable to care for himself or herself and unable to manage his or her personal and financial affairs. Further, if multiple people are requesting to become the guardian, each proposed guardian must prove to the court that he or she is the most suitable person for the responsibility of caring for the individual and his or her financial affairs.

A Guardian’s Responsibilities

Once the court appoints a guardian, the guardian has many duties and responsibilities.

The guardian is required to provide for the incapacitated person’s:

  • Well-being
  • Healthcare
  • Education
  • Support
  • Maintenance

Further, the guardian must provide the Probate Court with a written report each year detailing the status of the incapacitated person. If a conservatorship was granted, an annual report must be filed in the Probate Court that details how the assets of the incapacitated person were used or invested. The annual reports are filed each year until the guardianship is dissolved.

How a Guardianship Affects the Ward

A guardianship has many effects upon the incapacitated person’s rights. The incapacitated person loses the right to make his or her own medical decisions. The incapacitated person may no longer have the right to vote and may not consent to marriage or make enforceable contracts. It is a serious legal process that one should not undertake lightly.

At the age of 18, a child is deemed to be a legal adult and can make his or her own decisions. Sometimes this presents a problem for parents who have mentally challenged or physically disabled children because the parent is no longer the decision-maker. At this point, the parents may decide to petition the Probate Court for guardianship of their child to ensure his or her wellbeing. This is one example of why people choose to petition the court for guardianship.

To learn more about your rights and options regarding guardianship, contact Laurie A. Knight, Attorney at Law, LLC at (636) 200-5533.

Why Choose Attorney Laurie Knight?

  • Free Consultation

    Every initial consultation is free of charge. No hidden fees!

  • Extensive Experience

    Attorney Knight has been perfecting her legal practice for over a decade.

  • Excellent Work Ethic

    Attorney Knight handles each case with respect and the utmost diligence.

  • Flexible Appointment Schedules

    Attorney Knight is available when YOU need help. All appointment times are flexible.

  • Personal Approach

    Every case is personal and no client is left in the dark.

  • Classic & Professional

    Attorney Knight values professionalism and integrity with every case and every client.

Contact Us Today!

How to Reach Us 636.200.5533 13321 N. Outer 40 Road, Suite 500
Chesterfield, MO 63017 Map & Directions [+]
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