Guardianship and conservatorship in Missouri: who, where, cost

How a court can name a guardian or conservator in Missouri, what it costs and what to try first.

Checked against official sources: October 31, 2026.

Short answer

Guardian or limited guardian (of an incapacitated person); conservator or limited conservator (of a disabled person's estate); emergency guardian ad litem or conservator ad litem.

Court
Probate division of the circuit court.

What guardianship or conservatorship is

What it is called

Guardian or limited guardian (of an incapacitated person); conservator or limited conservator (of a disabled person's estate); emergency guardian ad litem or conservator ad litem

When a court may appoint one

An 'incapacitated person' cannot receive and evaluate information or communicate decisions to such an extent that, even with appropriate services and assistive technology, they cannot meet essential requirements for food, clothing, shelter, safety or other care, so that serious physical injury, illness or disease is likely. The petitioner must prove incapacity or disability by clear and convincing evidence. Before appointing, the court must consider less restrictive alternatives, including a durable power of attorney, a trust, a representative payee, supported decision-making agreements or supportive services, assistive technology, and limited guardianship, and must apply the least restrictive alternative principle.

Law: RSMo 475.010; RSMo 475.075, 475.079

Kinds
  • Full guardian or limited guardian of the person
  • Full conservator or limited conservator of the estate
  • Emergency guardian ad litem or conservator ad litem (up to 90 days)
  • Standby guardian
  • Court-appointed successor attorney in fact under an existing durable power of attorney

Law: RSMo §§ 475.010, 475.050, 475.060, 475.075, 475.078, 475.079

Who can ask, which court and your own choice

Who may ask

Any person may petition for the appointment of themselves or another qualified person as guardian or limited guardian of an incapacitated person.

Law: RSMo 475.060.2

Court

Probate division of the circuit court.

Choosing your own

You can nominate a guardian or conservator in a durable power of attorney, or in a writing signed by you and two witnesses before incapacity; the court must follow your most recent valid nomination except for good cause. A power of attorney can also authorize the attorney in fact to nominate a guardian or conservator.

Law: RSMo 475.050; RSMo 404.710.6(9)

Effect on a power of attorney

If a guardian or conservator is appointed, the attorney in fact must follow the court's or legal representative's instructions and be accountable to them on overlapping matters; the court may set out how they coordinate. If your durable power of attorney is adequate but no attorney in fact can serve, the court may appoint a successor attorney in fact instead of a guardian or conservator.

Law: RSMo 404.714.5, 404.731.3; RSMo 404.723.4

Other options and where to report abuse

Less restrictive options
  • Durable power of attorney: An attorney in fact named before the petition was filed; the court must consider it before appointing a guardian or conservator.
  • Trust managed by a trustee: A trustee manages the person's beneficial interests in a trust.
  • Representative payee: A payee manages the person's public benefits.
  • Supported decision-making agreements and supportive services: Protective or supportive services or arrangements from individuals or agencies, including supported decision-making agreements.
  • Services or assistive technology; limited guardianship or conservatorship: Appropriate services or technology, or a limited appointment, instead of full guardianship.
Report abuse or exploitation

Missouri Department of Health and Senior Services - Adult Abuse and Neglect Hotline · 1-800-392-0210

Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov

Free help in Missouri

Report abuse or exploitation

Missouri Department of Health and Senior Services - Adult Abuse and Neglect Hotline · 1-800-392-0210

Questions about powers of attorney in Missouri

How does guardianship or conservatorship work in Missouri?

An 'incapacitated person' cannot receive and evaluate information or communicate decisions to such an extent that, even with appropriate services and assistive technology, they cannot meet essential requirements for food, clothing, shelter, safety or other care, so that serious physical injury, illness or disease is likely.

What are the alternatives to guardianship in Missouri?

Durable power of attorney; Trust managed by a trustee; Representative payee; Supported decision-making agreements and supportive services; Services or assistive technology; limited guardianship or conservatorship.

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