The Quitmeier Law Firm of Kansas City

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    • William M. Quitmeier
    • Andrew A. Payeur
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Do You Need a Guardianship?

A legal guardian is a person appointed by the court to undertake responsibility for someone who is unable to take responsibility for himself. The person over whom a guardianship is sought is known as a ward. A ward may be either a child under the age of 18, an adult suffering from a disability or a senior citizen. A guardian may only be appointed by court order.

Some of the general powers and duties of a guardian include:

  • providing for the ward’s care
  • treatment
  • education
  • support and maintenance

A ward needs a guardian if he cannot take care of himself in any of these areas and is not competent to make decisions. In that case, a guardian is needed to watch over and take care of the ward.

A guardian has the legal power to decide where the ward lives and the level of care required. A guardian of an adult ward is not responsible for the financial support of the ward. A guardianship differs from a conservatorship in that a conservator only has the power to make financial decisions on behalf of the ward.

Missouri law has a preference for appointing blood relatives as guardians whenever possible.

The courts will first consider:

  • Any person designated by the incapacitated person
  • A person previously named as an attorney-in-fact when the ward was not incapacitated
  • A relative
  • Parents are the guardians of minors unless the parents are deceased, refuse to serve, or are judged unfit.

A parent may designate a guardian in a will, but a hearing is still necessary to determine if the designated person is capable of performing the duties of a guardian because wills only take effect upon the death of their makers.

There are many safeguards in place to prevent the abuse of power in a guardianship position. These abuses, however, still occur. If a guardianship is necessary, it is important that the incapacitated person be represented by a family law attorney in order to ensure that the person’s interests are protected.

Filed Under: Estate and Probate, Family and Divorce Tagged With: disabled, estate planning, guardianship, legal guardian, minor, ward

Types of Trusts Available in Missouri

You may have heard that trusts are useful estate planning tools. However, you may have no idea what a trust is or if you need one.

Here is a primer to educate you about the varieties of trusts:

Revocable living trusts: A revocable living trust is a document that allows your family to avoid probate court proceedings after you die, which can save your family time, money, and aggravation. These trusts function like wills because you use them to leave your property to your loved ones. If you change your mind at any time before you die, you can easily change the terms of the trust or revoke it.

Irrevocable trusts: These are trusts that cannot be terminated once they are created. In contrast, revocable trusts can be terminated at any time, at least until they become irrevocable at the death of the maker.

Special needs trusts: These trusts are used to protect the property of individuals with disabilities while maintaining their eligibility for government services. If a person with special needs inherits money, it will make him ineligible to receive government aid. So, the family creates a special needs trust and the individual gets to use the money during his lifetime while any left over at the end of his lifetime will go to the government.

Charitable trusts: These trusts make larger gifts to charities and, at the same time, achieve income and estate tax savings for the person who creates the trust. They are usually set up during the grantor’s lifetime and are irrevocable. If you make only a few small gifts to charity, then a charitable trust probably isn’t worth it. You should understand that charitable trusts require that you give up legal control of your property, and you cannot later change your mind and regain legal control over the property of the trust.

In addition, there are many other types of trusts, such as:

  • credit shelter trusts
  • generation skipping trusts
  • irrevocable life insurance trusts

Consultation with an experienced wills and trusts attorney will prove beneficial to finding the best way to pass along your property to your heirs.

Filed Under: Wills and Trusts Tagged With: estate planning, trusts

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Easy Access I-29/Tiffany Springs exit

The Quitmeier Law Firm. Serving Platte, Clay and Jackson Counties with integrity.

Conveniently located just off I-29 at the Tiffany Springs exit.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Use of the web site does not create an attorney-client relationship.