Guardianship: When a Child Turns 18

Many parents find themselves in this challenging and often emotional situation: their special needs child has just turned 18, and as a result, the parent can no longer legally make decisions and choices on their child’s behalf. In Missouri, under the right circumstances and with the appropriate legal steps, parents can obtain an adult guardianship or conservatorship over their adult child once they reach the age of 18. This arrangement can provide essential support and protection for the child while ensuring that the parents remain involved in critical decision-making processes regarding their child's well-being and care.

Under Missouri guardianship law, an adult is defined as a person who has reached 18 years of age, regardless of their mental or physical abilities. When a person celebrates their 18th birthday, they are granted the legal authority to manage their own personal and financial affairs. This transition can often be alarming and overwhelming for a parent who has devoted their time and energy to caring for their special needs child throughout their entire life. In order for that parent to continue to serve as the guardian for their adult child, or to manage their finances in the capacity of a conservator, it is essential for the parent to file an application to be appointed as the guardian or conservator with the probate court. This process can be quite complex, and it is important to note that most courts will typically require an attorney to file the necessary paperwork and guide you through the matter on your behalf.

Guardianship is a crucial legal process that thoroughly determines the capacity of an individual to make significant decisions on their own behalf. If a competent determination has been made that the individual lacks the ability to make those crucial decisions, a court may then appoint a responsible person to make those decisions on their behalf. Upon appointment, the guardian is granted the authority to subsequently manage and oversee the affairs of the individual in question, often a child. Similarly, a conservator is a designated person who is entrusted with the responsibility of handling the financial affairs and monetary matters of an adult who has been legally adjudged disabled and is unable to effectively manage their own finances.

Anyone may be appointed as a guardian or conservator for an “incapacitated or disabled” individual, provided they meet the necessary legal requirements. However, it is important to note that the probate court generally prefers to appoint immediate family members who are willing to consent to the appointment, as this helps ensure the best interests of the individual are met. If you need to file for guardianship over your soon-to-be adult child, please do not hesitate to contact us for assistance. Our team is dedicated to making the process straightforward, accessible, and affordable: 816-774-1107.