Understand the Authority Needed to Help a Loved One

When someone cannot safely manage important personal or financial decisions, families may need to consider legal authority to help. The appropriate response depends on the decisions involved, the person's needs and rights, and the authority already available.

Joshua Harden at Memento Mori Law advises Kansas and Missouri families on guardianship, conservatorship, and alternatives. Based in Shawnee, Kansas, the firm offers web consultations for the initial discussion.

​

​

​

Identify the Specific Problem

Begin with the decision that cannot be managed: a personal-care issue, an account that needs attention, property at risk, or another concrete concern. An existing power of attorney, trust, or other arrangement may address part of the problem. Its terms and the person's circumstances need to be reviewed.

Josh can help assess what authority is available, what may be missing, and whether a court proceeding should be considered. The goal is to understand the individual's actual needs rather than assume the same approach fits every family.

Guardianship and Conservatorship Address Different Needs

Guardianship generally concerns personal decisions and care; conservatorship generally concerns property and financial affairs. The terminology, legal standards, procedures, and duties must be evaluated under the law of the relevant state.

Kansas and Missouri have separate frameworks. A proceeding in one state should not be planned using the other state's forms or assumptions. The scope of any appointment and the actual court order also matter.

What We Can Discuss

• The decisions or risks prompting the family's concern.

• Existing powers of attorney, trusts, and health care documents.

• Alternatives and whether they can address the identified needs.

• Questions about seeking a court appointment.

• The responsibilities involved in serving as guardian or conservator.

• Reviewing an existing appointment and identifying questions about its scope.

Understand the Responsibility Before Agreeing to Serve

An appointment can involve ongoing legal duties, records, reports, and court oversight. A proposed guardian or conservator should understand the work and the limits of their authority before accepting the role.

Bring existing documents, any court orders, and a factual account of the concerns to your consultation. Josh can help identify the legal issues and explain the scope of assistance the firm can provide.

Common Questions

Does a medical diagnosis automatically require guardianship?

No. A diagnosis alone does not establish the need for guardianship. Kansas law requires considering whether an adult's needs can be met through a protective arrangement or less restrictive alternative; full guardianship is not permitted when a limited option meets those needs (K.S.A. 59-30,141). Missouri courts must also consider less restrictive alternatives, including appropriate powers of attorney, trusts, representative payees and supported decision-making arrangements (RSMo § 475.075.13). The person's abilities, existing documents and specific decisions should guide the review.

Is conservatorship the same as a power of attorney?

No. They involve different sources of authority and responsibilities. The actual documents and orders should be reviewed.

Can a family member begin the discussion online?

Yes. A web consultation can help organize the facts and identify next steps. Participation, the client's identity, and authority to act are clarified as part of the discussion.

Explore Our Resources

• What Is Adult Guardianship in Kansas or Missouri?

• What Is a Conservatorship and When Is It Needed?

• Kansas Guardianship and Conservatorship Changes in 2026

• What Is the Difference Between a Power of Attorney and Guardianship?

• What Happens If My Parent Can No Longer Make Decisions?

Learn about web consultations and secure intake.

​​