§9.30 Limitations on Powers of a Guardian

• Library: Elder Law Deskbook (2023 Ed.)

2. (§9.30) Limitations on Powers of a Guardian

In a limited guardianship, the guardian’s powers and duties are limited to those enumerated in the court’s adjudication order or any later modifying order. Section 475.120.2, RSMo Supp. 2020, as amended by S.B. 53 & 60, 101^st Mo. Gen. Assembly, 1^st Reg. Sess. (2021). Among the ways a guardian’s powers are limited is that the guardian may not take charge of the ward’s assets or sue or be sued on the ward’s behalf, because these powers are delegated to the conservator. In re Swearingen, 42 S.W.3d 741, 749 (Mo. App. W.D. 2001).

Various personal rights of the ward may also not be abridged by the guardian. Without intending to be all inclusive, the following is a list of some of these rights:

· The right of a female not to be sterilized

· The right of a ward to make a will if the ward has sufficient capacity

· The right of a ward to condone the misconduct of the ward’s spouse

· The various constitutional guarantees concerning the ward’s life, liberty, and property

See In re...