Missouri Guardian vs Conservator

Two Separate Roles, Two Separate Court Appointments

Missouri splits fiduciary authority into two distinct court-ordered roles. A guardian manages the person — medical consent, housing, education, daily welfare. A conservator manages the money — bank accounts, real property, investments, contracts. These are separate appointments with separate duties, separate reporting requirements, and potentially separate people filling them.

You can petition for one without the other, petition for both, or petition for both and have the court appoint the same person to serve in both capacities.

What a Guardian of the Person Does

Under RSMo § 475.120 and § 475.082, an appointed guardian is responsible for:

• Consenting to medical treatment, surgeries, and medication changes
• Determining residential placement and living arrangements
• Making educational decisions (if the ward is still in school)
• Ensuring the ward's physical safety and general welfare
• Maximizing the ward's independence and self-sufficiency
• Filing a Guardian's Annual Status Report on the anniversary date of the guardian's Letters

A guardian does not have authority over finances. They cannot sign contracts, manage bank accounts, sell property, or direct investments — even if they are the ward's parent.

What a Conservator of the Estate Does

A conservator manages all financial affairs of the protected person (called the "protectee" in Missouri conservatorship proceedings):

• Receiving and managing income from all sources
• Paying bills, rent, and daily living expenses
• Managing investments and real property
• Filing tax returns on behalf of the protectee
• Posting the required corporate surety bond for the conservatorship
• Filing an Annual Settlement — a complete accounting of every dollar received and spent, backed by bank statements and receipts

The conservator has no authority over the person's medical decisions, housing, or daily life choices.

When You Need Both

If your adult child with disabilities cannot make medical decisions and has significant financial assets requiring management, you'll petition for appointment as both guardian and conservator. This is common when:

• The person has a personal injury settlement or inheritance
• The person owns real property
• The person receives both SSI and income from a trust that requires active management

The court can appoint the same person to both roles, but each role carries its own annual reporting obligation. You'll file both a Guardian's Annual Status Report and a Conservator's Annual Settlement every year.

When You Only Need a Guardian

Many families seeking authority over a disabled adult child's medical and educational decisions don't need a conservator at all. If the person's only income is SSI or SSDI, the Social Security Administration handles benefit management through its own representative payee program. SSA does not recognize state court orders — a court-appointed conservator has no authority over Social Security benefits.

For a young adult whose assets consist solely of an SSI check and an ABLE account, a guardian of the person (for medical and personal decisions) plus a representative payee designation (for benefits) covers everything without the cost and complexity of conservatorship.

When You Only Need a Conservator

Less common for transition-age families, but relevant when an adult with disabilities has substantial assets and the cognitive impairment affects financial judgment specifically — while they can still make medical and personal decisions with support. A person who can tell you what food they want, where they want to live, and who their doctor should be, but who gave their bank password to an online scammer, might need a conservator without needing a guardian.

The Cost and Complexity Difference

The conservatorship adds significant ongoing expense because of the bond requirement and the accounting precision the court demands in annual settlements. Many families hire an attorney or CPA to prepare the annual settlement, adding professional costs that vary by the estate and provider.

Alternatives That Avoid Both

If your adult child has the capacity to understand and sign documents, voluntary alternatives can replace both roles:

• Healthcare Power of Attorney replaces the guardian's medical authority
• Durable Financial Power of Attorney replaces the conservator's financial authority
• Representative payee replaces conservatorship for SSI/SSDI management

These cost a fraction of court proceedings, preserve all civil rights, and require no annual court reporting.

The Missouri Adult Guardianship & Alternatives Guide includes a decision worksheet to help you determine which combination of authority tools matches your adult child's specific capacity level and financial situation.

See more Missouri guides →