§9.24 Hierarchy and Preference of Appointment of Guardians and Conservators

• Library: Elder Law Deskbook (2023 Ed.)

2. (§9.24) Hierarchy and Preference of Appointment of Guardians and Conservators

Ideally, the need for some guardianships and conservatorships could be avoided by planning before incapacity or disability using trusts, durable powers of attorney, and health care durable powers of attorney. In addition to avoiding the expense and intrusiveness of court-ordered guardianships or conservatorships, prior planning allows an individual, while still capable, to choose a fiduciary, truly a less restrictive option.

When a guardianship and/or conservatorship is necessary, courts have found that “[t]he . . . law, however, consonant with the principle of ‘least restrictive environment,’ leaves the selection of a guardian or conservator to the ward whenever possible” and that the Missouri legislature therefore intended to create in the statute a hierarchy in which the nominee of the ward was...