Sat, Oct 11 2008
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Published July 12, 2008 09:06 pm - CARTHAGE, Mo. — It’s a little-known county procedure, but one that can have a personal, profound and sometimes permanent effect on the lives of individuals and their families. Probate courts monitor guardianships By Susan Redden sredden@joplinglobe.com CARTHAGE, Mo. — It’s a little-known county procedure, but one that can have a personal, profound and sometimes permanent effect on the lives of individuals and their families. The Jasper County public administrator is a guardian and conservator for more than 350 people who have been put under county supervision by the probate court. When the court assigns guardianship to the office, the public administrator and her staff have the decision-making authority over the financial, medical and living arrangements for the ward. In cases in which the office is named conservator, the authority is limited to the ward’s finances and spending. Under state law, the assignment is to be based on medical evidence that the ward is incapacitated and unable to meet essential needs of food, clothing, shelter and safety. The order comes after a trial in which the potential ward is represented by an attorney and may be present in court and may testify in court. Also under state law, parents have the first priority for appointment as conservators of minor children, and an incapacitated or disabled person may designate his or her own guardian or conservator if they are able to communicate a reasonable choice to the court. If there is no nomination, the court is first to consider the appointment of a spouse, parents, adult children, adult brothers and sisters, and other close adult relatives. Missouri law requires that family members be notified of plans to make a relative a ward of the county. Oversight of the office comes from the Jasper County Probate Court, and the probate judge who decides petitions to make residents wards of the county. A public administrator normally is appointed because there is no other person, normally a family member, to act on behalf of the person. After a guardian is named, they must report to the probate court annually on the condition of the ward, their care and finances. The annual report must also state whether the ward still needs a guardian, because state law requires a ward be held in the least restrictive environment. ‘Court’s responsibility’ Reporting to the court, and the court’s monitoring, are essential parts of the process, said Terry Hammond, executive director of the National Guardianship Association. The group offers training and certification for guardians, and promotes a code of ethics and standards for those who serve as guardians. “It’s the court’s responsibility to maintain and monitor to assure the best interests of the ward are being protected,” he said. “If family members are concerned, they will routinely have access to the court.” Circuit Judge David Mouton, elected probate judge in 2006, agreed, saying the court “does act on the basis of information properly brought before the court.” 
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