Adult Guardianship in Missouri
Reviewed by DocDraft Legal Team - Missouri - Last updated October 9, 2026
In Missouri the probate division of the circuit court of the county of proper venue appoints a guardian of the person for an "incapacitated person" and a conservator of the estate for a "disabled person" under RSMo Chapter 475, and the adult is called the ward or protectee while the proposed ward is the "respondent". The petitioner has the burden of proving incapacity, partial incapacity, disability, or partial disability by clear and convincing evidence (RSMo 475.075.9). On filing of the petition the court shall immediately appoint an attorney to represent the respondent, and that attorney shall visit the respondent at least twenty-four hours before the hearing unless the court finds good cause for waiving this. A medical examination is not automatic: the court may direct that the respondent be examined. Circuits such as Jackson County publish their own petition forms, so ask the probate clerk which form the court uses.
Find out where you stand in Missouri
What is happening with the adult you are concerned about?
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How does a court decide an adult needs a guardian in Missouri?
Missouri defines an "incapacitated person" as one unable, because of a physical, mental, or cognitive condition, to receive and evaluate information or communicate decisions, so that even with appropriate services and assistive technology the person lacks capacity to manage essential needs and serious physical injury, illness, or disease is likely. Proof is clear and convincing evidence.
Which court and which form start an adult guardianship in Missouri?
A petition is filed in the probate division of the circuit court of the county of proper venue. Missouri circuits publish their own adult petition forms, such as Jackson County Form 10193, Petition for Appointment of Guardian and Conservator. Ask the probate clerk of the county which form the court uses, because the court's requirements control what it accepts.
Does Missouri require a doctor's report for an adult guardianship?
Not automatically. Under RSMo 475.075 the court may direct that the respondent be examined by a physician, licensed psychologist, or other appropriate professional with experience or training in the alleged impairment. If the court appoints one, the professional submits a written report to the court and to counsel for all parties.
What rights does the person have in a Missouri guardianship case?
The respondent is served in person with the petition, a hearing notice, and a copy of the respondent's rights a reasonable time before the hearing. The court shall immediately appoint an attorney on filing, with no need to request one. Rights include a jury trial, presenting evidence, cross-examining, being present, and choosing an open or closed hearing.
Missouri's guardian and conservator split, immediate appointed counsel, and jury right
Missouri splits adult protection in two. A guardian of the person is appointed for an "incapacitated person" under RSMo 475.010(11), and a conservator of the estate is appointed for a "disabled person" under RSMo 475.010(6), who is unable to receive and evaluate information or communicate decisions to such an extent that the person lacks ability to manage financial resources. Limited guardians and limited conservators exist where powers are limited, and partial incapacity and partial disability are included. The probate division of the circuit court of the county of proper venue hears the case, and petitions for guardian and conservator may be combined (RSMo 475.061). The petitioner has the burden of proving incapacity, partial incapacity, disability, or partial disability by clear and convincing evidence (RSMo 475.075.9). The court may direct a medical examination, but it is discretionary, and before the exam the examiner must explain in simple language that its purpose is to produce evidence, that the respondent may remain silent, and that statements may be used at the hearing. On filing the court shall immediately appoint an attorney for the respondent, who shall visit the respondent at least twenty-four hours before the hearing unless the court finds good cause for waiving this, and the petitioner may not nominate that attorney. The respondent is served in person a reasonable time before the hearing, and has a statutory right to a jury trial. Missouri's emergency tool is an emergency guardian ad litem or conservator ad litem, not a temporary guardian: where the person has no guardian or conservator and an emergency presents a substantial risk that serious physical harm will occur to the person or irreparable damage to the property, the court may appoint one for specified purposes and not more than ninety days, extendable only after a hearing showing a continuing emergency (RSMo 475.075.15).
Relevant Laws
RSMo 475.010 (Definitions: guardian, conservator, incapacitated person, disabled person)
Defines guardian, conservator, incapacitated person and disabled person, including the limited guardian and the least restrictive alternative.
RSMo 475.061 (Petition for conservator and combined petitions)
Allows any person to petition the probate division of the circuit court of the county of proper venue for appointment of a conservator of the estate of a minor or disabled person, and allows guardian and conservator petitions to be combined.
RSMo 475.075 (Procedure: counsel, service, examination, hearing rights, emergency)
Sets out appointment of the respondent's attorney, in-person service, the discretionary examination, the clear and convincing burden, hearing rights including a jury trial, consideration of less restrictive alternatives and the emergency guardian ad litem track.
Missouri Courts Probate Forms
Statewide Missouri Courts probate forms page. Circuits also publish their own adult guardianship forms, so the court's requirements control.
Regional Variances
Missouri adult guardianship requirements
Court
Probate division of the circuit court of the county of proper venue (RSMo 475.061).
Terms used
Guardian of the person of an "incapacitated person" and conservator of the estate of a "disabled person"; limited guardian and limited conservator where powers are limited. The adult is the ward or protectee, and the proposed ward is the respondent (RSMo 475.010).
Petition form
Circuit-level forms include Jackson County Form 10193, Petition for Appointment of Guardian and Conservator; Boone County Petition for Guardian and/or Conservator - Adult; St. Louis County CCPR303. Ask the probate clerk, because the court's requirements control.
Incapacity standard and proof
Incapacitated person: unable by reason of any physical, mental, or cognitive condition to receive and evaluate information or to communicate decisions to such an extent that the person, even with appropriate services and assistive technology, lacks capacity to manage essential requirements for food, clothing, shelter, safety or other care such that serious physical injury, illness, or disease is likely to occur (RSMo 475.010(11)). Disabled person: the same inability such that the person lacks ability to manage financial resources (475.010(6)). Burden on the petitioner: clear and convincing evidence (475.075.9).
Medical or evaluator report
The court may direct that the respondent be examined by a physician, licensed psychologist, or other appropriate professional with experience or training in the alleged impairment. If appointed, the professional submits a written report to the court and to counsel for all parties (RSMo 475.075.6-7).
Notice and service
The respondent is served in person with the petition, hearing notice and a copy of the respondent's rights, a reasonable time before the date set for the hearing. Notice of the time, place and counsel's name also goes to the spouse, parents, adult children and others the statute lists (RSMo 475.075.2). Ask the clerk about any local day count.
Right to counsel
On filing of the petition the court shall immediately appoint an attorney for the respondent, with no need for a request or proof of indigency. The petitioner may not nominate the attorney, the fee is taxed as costs, and the attorney shall visit the respondent at least twenty-four hours before the hearing unless the court finds good cause (RSMo 475.075.1).
Less restrictive alternatives
Before appointing, the court shall consider whether needs may be met by a less restrictive alternative, including a durable power of attorney, trust, representative payee, supported decision-making agreements, or a limited guardian or conservator (RSMo 475.075.12-13; 475.080).
Emergency guardian ad litem or conservator ad litem
Where the person has no guardian or conservator and an emergency presents a substantial risk of serious physical harm to the person or irreparable damage to the property: specified purposes, not more than ninety days, hearing within five business days of filing except for good cause (RSMo 475.075.15).
Bond and reports
Every conservator of the estate files a court-approved bond with sufficient surety in an amount fixed by the court (RSMo 475.100). Conservator inventory within 30 days after letters unless the court grants longer (473.233). Guardian annual personal-status report on the anniversary of letters (475.082); conservator annual settlement within 60 days after the anniversary of appointment (475.270).
Suggested Compliance Checklist
Weigh less restrictive alternatives
Before filing days after startingAsk whether a durable power of attorney, healthcare power of attorney, supported decision-making agreement, or a limited guardianship would meet the need. The court shall consider whether needs may be met by a less restrictive alternative before appointing a guardian or conservator.
Confirm the court and petition form
Before filing days after startingContact the probate clerk of the circuit court in the county of proper venue to confirm which petition form the court uses, such as Jackson County Form 10193, and whether a guardian, a conservator, or a combined petition is needed. The court's requirements control.
File the petition
At filing days after startingFile the petition in the probate division of the circuit court. The petitioner has the burden of proving incapacity or disability by clear and convincing evidence. A proposed fiduciary outside the statutory exceptions files background screening results at least 10 days before the appointment hearing unless waived for good cause.
Arrange service and prepare for the hearing
A reasonable time before the hearing days after startingServe the respondent in person with the petition, hearing notice and rights. The court shall immediately appoint an attorney for the respondent, who visits at least twenty-four hours before the hearing unless the court finds good cause. The court may direct an examination. Ask the clerk about local day counts.
Calendar bond, inventory and reports
After letters issue days after startingA conservator of the estate files a court-approved bond before starting duties and an inventory within 30 days after letters unless the court grants longer. A guardian files an annual status report on the anniversary of letters. A conservator makes an annual settlement within 60 days after the anniversary of appointment.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Weigh less restrictive alternatives | Ask whether a durable power of attorney, healthcare power of attorney, supported decision-making agreement, or a limited guardianship would meet the need. The court shall consider whether needs may be met by a less restrictive alternative before appointing a guardian or conservator. | durable-power-of-attorney | Before filing |
| Confirm the court and petition form | Contact the probate clerk of the circuit court in the county of proper venue to confirm which petition form the court uses, such as Jackson County Form 10193, and whether a guardian, a conservator, or a combined petition is needed. The court's requirements control. | - | Before filing |
| File the petition | File the petition in the probate division of the circuit court. The petitioner has the burden of proving incapacity or disability by clear and convincing evidence. A proposed fiduciary outside the statutory exceptions files background screening results at least 10 days before the appointment hearing unless waived for good cause. | - | At filing |
| Arrange service and prepare for the hearing | Serve the respondent in person with the petition, hearing notice and rights. The court shall immediately appoint an attorney for the respondent, who visits at least twenty-four hours before the hearing unless the court finds good cause. The court may direct an examination. Ask the clerk about local day counts. | - | A reasonable time before the hearing |
| Calendar bond, inventory and reports | A conservator of the estate files a court-approved bond before starting duties and an inventory within 30 days after letters unless the court grants longer. A guardian files an annual status report on the anniversary of letters. A conservator makes an annual settlement within 60 days after the anniversary of appointment. | - | After letters issue |
Frequently Asked Questions
Other Missouri guides
Adverse Possession in Missouri: Ten Years, and a Tax Rule Aimed at the Owner
Asset Protection Planning in Missouri (2026)
Dealing With Debt Collectors in Missouri (2026)
Expunging a Criminal Record in Missouri (2026)
Filing a Workplace Harassment Complaint in Missouri
Filing Chapter 7 Bankruptcy in Missouri (2026)
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