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Join Our Team Prioritizing Elder Law & Planning for Adults with Aging Parents
Elder law focuses on the unique legal needs that come with aging such as protecting assets, planning for long-term care, and ensuring your loved one’s wishes are honored. From powers of attorney and advance directives to guardianship and estate planning, understanding these basics can help families make confident, informed decisions before a crisis occurs.
Understanding The Distinction Between Guardianship & Conservatorship
In Missouri, guardianship refers to a court process where a judge appoints someone to make personal decisions on behalf of an adult who is incapacitated. These decisions may involve medical care, living arrangements, and day-to-day personal needs.
Conservatorship, by contrast, is when the court appoints someone to manage the financial affairs and property of a person who is unable to do so themselves. Sometimes, one individual is appointed to serve as both guardian and conservator; in other cases, two different people may take on the separate roles.
While guardianship and conservatorship can be invaluable safety nets, they also mean loss of rights and ongoing court oversight. For example, in Missouri, a full guardianship can even impact an individual’s right to vote. That is why attorneys and elder care advocates encourage families to explore less restrictive alternatives first.
Planning Ahead with Powers of Attorney and Advance Directives
One of the best ways to avoid the need for guardianship or conservatorship is by putting proactive legal documents in place while your loved one still has the capacity to make decisions.
Health Care Power of Attorney (POA)
A health care POA authorizes someone you trust to make medical decisions on your behalf if you cannot. It often includes a HIPAA release so your agent can access important medical information.
Example: Imagine your mother with early-stage dementia is hospitalized and cannot clearly express her wishes. With a health care POA, your designated agent can step in immediately to make decisions and speak with doctors without delay.
Durable Financial Power of Attorney
A durable POA for finances authorizes your chosen agent to manage bank accounts, pay bills, handle investments, and more. Unlike guardianship, this does not require ongoing court oversight.
Example: Your father develops Parkinson’s and begins struggling to keep up with bills. With a durable POA in place, a trusted family member can seamlessly manage his accounts and avoid the stress and expense of conservatorship proceedings.
Living Will and Advance Directives
A living will, sometimes called an advance directive, documents end-of-life care wishes, such as whether your loved one would want life-sustaining treatment under certain circumstances. Tools like the Five Wishes document can provide additional clarity and comfort.
Example: A loved one suffers a major stroke. Because they had documented their wishes in advance, the family knows their preferences for end-of-life care, reducing guilt and family conflict.
The Role of Trusts and Trustees
Trusts are another valuable planning tool, especially when assets and inheritances are involved. A trust is a legal arrangement that holds assets on behalf of beneficiaries, while a trustee manages those assets according to the trust terms.
Trusts can:
- Provide funds for an elder’s care without requiring court approval for every expense
- Allow a successor trustee to step in seamlessly if the original trustee can no longer serve
- Separate “permission to act” (agency authority) from actual ownership, protecting assets from misuse
Families should carefully select trustees, often a responsible family member or a professional fiduciary. It is wise to name successor trustees as backups, since life circumstances change and no one can predict who will be available years from now.
Guardianship Is Not Always Permanent, But It Is Hard to Undo
If a loved one reaches a point where guardianship is necessary, it is important to know it is not always irrevocable. Missouri law allows guardianship to be modified or terminated if circumstances change. However, in practice, guardianship is difficult and time-consuming to undo. This is why courts encourage families to consider limited guardianship when possible.
For instance, a limited guardianship may allow the individual to retain the right to vote or handle certain personal decisions while still having support with finances or medical care.
The Human Side: Practical Realities Families Should Know
Families often assume that once legal documents are signed, everything is complete. In reality, estate and elder law documents should never be treated as “set and forget.” Attorneys recommend reviewing them at least every three years since laws change and the people you designate as decision-makers may no longer be available.
Another overlooked issue involves final arrangements. In Missouri, a guardian must be a natural person rather than a company, and families should not assume a funeral home will automatically know who has authority. Documenting who holds the right to make burial or cremation decisions, or prearranging services, can prevent painful disputes.
It is also helpful to know that a power of attorney is not a permanent burden. Agents can resign if they are no longer able or willing to serve, provided the resignation is documented properly. Having successor agents in place ensures continuity without unnecessary court involvement.
Even something as simple as opening a bank account can cause problems. Many banks require that a power of attorney be registered or formally accepted before honoring it. Families that fail to submit the paperwork in advance can face frustrating delays when they need quick access to funds.
These practical realities remind us that elder law planning is not just about forms. It is about anticipating real-world situations and giving families clear guidance before a crisis occurs.
Best Practices for Elder Law Planning
- Do not wait for a crisis. Begin conversations with your loved one about their wishes while they are still capable.
- Update documents regularly. Experts recommend reviewing estate planning documents at least every three years, or after major life events.
- Name successors. Always appoint backup agents and trustees, since people pass away, move, or become unable to serve.
- Keep finances clean. Agents or conservators should maintain separate accounts and clear records to avoid legal issues.
- Plan for funeral arrangements. Prearranging or documenting who has authority to make burial or cremation decisions can save stress and family conflict later.
- Register POAs with banks. Many financial institutions require copies of POAs before honoring them.
- Consider a limited guardianship. In cases of partial incapacity, courts can preserve some rights for your loved one while still providing support where needed.
Working with an Elder Law Attorney
Because guardianship and conservatorship involve significant legal rights, it is essential to work with an experienced elder law attorney. These specialized attorneys can:
- Draft powers of attorney, living wills, and trusts tailored to your family
- Advise on Missouri-specific guardianship laws
- Represent families in court if guardianship or conservatorship becomes necessary
At a recent Elder Community Resource Network panel, “Guardianship 101: What You Need to Know”, Shawn Estep of The Estep Law Firm, LLC emphasized that these documents are not one-time tasks. Laws change, people pass away, and families evolve. A regular review ensures your loved one’s plans remain effective.
The Estep Law Firm, LLC helps Missouri families plan ahead with compassion and clarity, offering services in estate planning, long-term care planning, special needs trusts, probate and trust administration, and business succession guidance. Their team focuses on protecting assets, honoring wishes, and helping families navigate complex decisions around aging, disability, and legacy.
To find an elder law attorney near you, visit the National Academy of Elder Law Attorneys (NAELA) directory.
Local Resources For Elder Care Planning Presented at the Elder Community Resource Network Panel:
Panelist: Sue Klipsch-Kelley, PTA, Deputy Guardian
Decision Advocates serves those who have no family or trusted people in their lives to make decisions on their behalf. Decision Advocates’ goal is to provide health care decision making that is directly inline with what the client wants and needs. Their job is to listen, provide advocacy, determine the best course of action, and above all support their clients and their support system.
Panelist: Lynn Potts, MBA, Managing Partner
On Track Advisors specializes in providing professional bookkeeping and daily money management services tailored to meet the unique needs of their diverse clientele. Their Team of experienced financial professionals is committed to helping clients achieve financial clarity and peace of mind.
How In-Home Care Can Provide Additional Peace of Mind for Families
Even with the best planning, families often need support providing day-to-day care for their aging loved ones. That is where in-home care services can make an enormous difference.
In-home care services can offer:
- Compassionate assistance with personal care, meals, and companionship
- Respite for family caregivers balancing work, kids, and elder care
- Flexible schedules with no long-term facility commitment
- Peace of mind knowing your loved one can age safely at home
For families navigating guardianship, conservatorship, or dementia care, partnering with an experienced home care provider ensures that your loved one receives quality support while your family remains focused on making thoughtful, legal, and compassionate decisions.
If you would like to learn more about how Assistance Home Care can help your family, we invite you to contact our Team today to schedule a Discovery Visit and explore how in-home care can provide peace of mind during every stage of the journey.
