When A Court Appoints A Guardian
Mo. Rev. Stat. § 475.075 — the petitioner proves it by clear and convincing evidence, with a right to a jury
The burden. The petitioner has the burden of proving incapacity or disability, or partial incapacity or disability, by clear and convincing evidence. The respondent has a right to a jury trial and to appointed counsel.
Least restrictive. If the court finds some degree of incapacity or disability, it applies the least restrictive alternative principle and does not restrict the respondent's personal liberty or control of their money more than necessary.
Guardians for minors, emergency and temporary appointments, the guardian's duties and reports, and how a guardianship is ended or changed are set out in other sections and are not on this page. Whether a particular person needs a guardian is decided by a court on evidence, and is a question for a licensed Missouri attorney.
Sources for this section (1)
- Mo. Rev. Stat. § 475.075 — Hearing on capacity or disability; notice; appointment of attorney
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Missouri attorney.