Chapter 5 Annual Review of Ward’s/protectee’s Status

LibraryGuardianships and Conservatorships (2020 Ed.)

CHAPTER 5

ANNUAL REVIEW OF WARD’S/PROTECTEE’S STATUS

A. Annual Guardianship Reports

To determine whether incapacity or disability may have ceased, lessened, or increased, and to ensure that the guardian or conservator is properly discharging all responsibilities and duties, the court must inquire at least annually into the status of each ward and protectee under its jurisdiction. Section 475.081.1, RSMo 2016. This court review and inquiry is implemented by a requirement for the guardian to file annually on the anniversary date of the granting of letters a report concerning the personal status of the ward. Section 475.082.2, RSMo Supp. 2019. This report may be, and usually is, “combined with the settlement of accounts if the guardian is also the conservator of the estate of the ward.” Id. The report is in a form prescribed by the court—usually a list of questions to be answered—and includes the following information under § 475.082.2:

(1) The present address of the ward;
(2) The present address of the guardian;
(3) Unless the report specifies that the ward is living with the guardian, the number of times the guardian has had contact with the ward, and the nature of such contacts including the date the ward was last seen by the guardian;
(4) A summary of the guardian's visits with the ward and activities on the ward's behalf and the extent to which the ward has participated in decision-making;
(5) If the ward is institutionalized, whether the guardian has received a copy of the treatment or habilitation plan and, if so, the date of such plan, and whether the guardian agrees with its provision;
(6) The date the ward was last seen by a physician or other professional and the purpose;
(7) The current mental and physical condition of the
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