475.343.  Personal financial resources, guardian not obligated to use — court order for ward‘s admission to mental health facility — authorized acts of social service agencies. — 1.  A guardian of an adult or minor ward is not obligated by virtue of such guardian’s appointment to use the guardian’s own financial resources for the support of the ward.  If the ward’s estate and available public benefits are inadequate for the proper care of the ward, the guardian or conservator may apply to the county commission under section 475.370.

Terms Used In Missouri Laws 475.343

  • Adult: a person who has reached the age of eighteen years. See Missouri Laws 475.010
  • conservator: as used in this chapter , includes limited conservator unless otherwise specified or apparent from the context. See Missouri Laws 475.010
  • Guardian: one appointed by a court to have the care and custody of the person of a minor or of an incapacitated person. See Missouri Laws 475.010
  • Guardianship: if used in a section in a context relating to rights and obligations other than property rights or obligations, means guardian of the person as defined in Missouri Laws 1.020
  • Incapacitated person: one who is unable by reason of any physical, mental, or cognitive condition to receive and evaluate information or to communicate decisions to such an extent that the person, even with appropriate services and assistive technology, lacks capacity to manage the person's essential requirements for food, clothing, shelter, safety or other care such that serious physical injury, illness, or disease is likely to occur. See Missouri Laws 475.010
  • Minor: any person who is under the age of eighteen years. See Missouri Laws 475.010
  • person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
  • Social service agency: a charitable organization organized and incorporated as a not-for-profit corporation under the laws of this state and which qualifies as an exempt organization within the meaning of Section 501(c)(3), or any successor provision thereto of the federal Internal Revenue Code. See Missouri Laws 475.010
  • Ward: a minor or an incapacitated person for whom a guardian, limited guardian, or standby guardian has been appointed. See Missouri Laws 475.010

 2.  No guardian shall have authority to seek admission of the guardian’s ward to a mental health facility or an intellectual disability facility for more than thirty days for any purpose without court order except as otherwise provided by law.

 3.  Only the director or chief administrative officer of a social service agency serving as guardian of an incapacitated person, or such person‘s designee, is legally authorized to act on behalf of such person.

 4.  A social service agency serving as guardian of an incapacitated person shall notify the court within fifteen days after any change in the identity of the professional individual who has primary responsibility for providing guardianship services to the incapacitated person.

 5.  Any social service agency serving as guardian shall not provide other services to the ward.