St. Louis, MO estate & probate attorney Alicia Albus explains the process for establishing a guardianship and conservatorship. She explains that guardianship and conservatorship both involve proceedings in probate court, but they aren’t always necessary. Often, clients come in assuming that a guardianship or conservatorship is the only solution, and in some cases, she’s able to help them find a less intrusive alternative that doesn’t require going through the court process. However, when those measures are truly needed, the process involves asking the court to declare an individual incapacitated or disabled so that another person can be appointed to act on their behalf.

The need for guardianship or conservatorship typically arises when someone has not executed estate planning documents—such as a power of attorney—that designate who should make decisions for them if they become unable to do so. In those cases, the court must step in to determine who will serve in that role. If the individual is still able to express their preference, the court will consider it, but ultimately, the final decision rests with the judge.