A guardianship may be created by a court in Missouri for any individual 18 years of age or older who, by decision of a judge or a jury, is found to be incapacitated. This is the definition of an incapacitated person: Any person whose decision making process is impaired by reason of mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, or the person who has unusually bad judgment, highly impaired memory, or severe loss of behavior control, to the extent that the person is unable to care for his or her personal safety or is unable to attend to and provide for such necessities as food, shelter, clothing and medical care, without which physical injury or illness may occur. Regardless of an individual’s disability or the severity of the disability, he or she is considered competent under the law when he or she turns 18 years of age. If a parent or other interested person wishes to become the guardian of the adult, an order by the court must be obtained.
Legacy Law Center has worked with families and individuals to help them obtain guardianship over loved ones, whether they are elderly, disabled or have special needs.
More importantly, Legacy Law Center has worked with clients to obtain emergency guardianships. Normally when a guardianship application is filed, a hearing to resolve the matter can be held within about thirty days. However, under RSMo. 475.075.11 if the lack of a guardian presents a substantial risk that serious physical harm will occur to the person, an emergency guardianship petition can be filed with the court and the matter can be heard very quickly.
In such a situation, however, all of the documents necessary for the filing must be filed perfectly or the court will not hear the matter. Thus, it is crucial that you hire a law firm that can move quickly and effectively to achieve the desired result. Call Legacy Law Center today for a free consultation.
