A conservatorship is a serious thing. It is a type of legal arrangement that gives one person power over another, primarily their finances and property. This usually begins because a person is unable to care for themselves independently, whether because they are too young or struggling at a particular point in their life and need help. But what about when the need for help ends, or if the conservator should no longer be the one in place to help protect that person? You can seek an end to a conservatorship, or contest one in the first place, with the help of an experienced Missouri conservatorship lawyer.
The family law attorneys at Mark Harford Law help you with conservatorships, contesting them, and ending them. Speak to our team about your situation today.
When Can I Contest a Conservatorship?
As soon as a conservatorship is proposed, you can contest it. You may also contest it during the proceedings or after it is already in place. Common reasons to challenge a conservatorship include:
- The adult does not actually meet the legal standard for incapacity.
- Less restrictive options are a better fit
- The conservator does not want to participate or is unfit
- The conservatorship was granted through incomplete or inaccurate information
- The protected person no longer needs the conservatorship
Missouri courts require clear evidence before removing or denying a conservator, but they also take allegations of misuse of authority or unnecessary restrictions seriously.
Who Can Challenge a Conservatorship?
Missouri law allows several parties to contest or seek termination of a conservatorship, including:
- The protected person
- A spouse, adult child, parent, or close relative
- A guardian ad litem
- A concerned friend or caregiver
- Any person with a legitimate interest in the protected person’s welfare
The court looks at who has standing to bring the challenge and whether the concerns are justified.
How to Contest a Conservatorship in Missouri
You can challenge a conservatorship by following the legal process and hiring a skilled attorney to:
1. Filing a Petition with the Probate Court
You have to challenge the order in the court that originally issued it. To do so, your attorney files a petition stating why the petition is filed.
2. Providing Notice
Each party needs notice of the petition. This includes the conservator, the protected person, and any other interested party.
3. Court Investigation
A court might utilize someone to help investigate the case, such as:
- A guardian ad litem
- Medical professionals
- Another investigator
This will help the judge determine if the conservatorship should continue.
4. Hearing Before a Judge
The hearing is where both sides present evidence to the judge. This might include evidence such as:
- Medical records
- Witness testimony
- Financial documents
- Proof of misconduct
- Proof of improvement of protected party
5. Court Decision
After reviewing the evidence, the judge may:
- Uphold the conservatorship as is
- Modify the conservator’s powers
- Replace the conservator
- Terminate the conservatorship entirely
The court’s decision is based on what best protects the adult’s rights, safety, and financial well-being.
How to End a Conservatorship in Missouri
Ending a conservatorship is similar, but there are also important differences. Called a “restoration of rights,” this means that the protected person no longer needs the help, and can handle their own affairs.
Filing a Petition for Termination
The protected person or another qualified party must file a petition requesting that the court terminate the conservatorship. The petition should include evidence of improved capacity, such as:
- Medical evaluations
- Statements from caregivers or family members
- Proof of stable financial management
- Documentation showing the protected person can make informed decisions
Court Evaluation
The court may order a new medical assessment or appoint an investigator to determine whether the protected person can safely manage their property and finances.
Hearing and Final Order
The court can hold a hearing to hear evidence. If the court decides the conservatorship isn’t necessary anymore, it can issue an order ending it. The conservator must then take next steps, such as a final accounting, to help wrap up the conservatorship.
Seek Legal Guidance When Ending or Contesting a Missouri Conservatorship
Conservatorship actions are complicated affairs, no matter what you need done with them. If you are looking to contest or end a conservatorship, it is crucial you have quality legal advice and guidance throughout the process.
Let the dedicated family law attorneys at Mark Harford Law help you. Contact us today for a consultation.