Petition For Appointment Of Guardian And Conservator

1 FCSR Background Screening Information Rev. 10-3-18 REQUIRED BACKGROUND SCREENINGS FOR ALL GUARDIANSHIP AND CONSERVATORSHIP CASES - INSTRUCTIONS Section 475.050, RSMo The requirements set forth herein SHALL NOT APPLY TO A PETITIONER who is: 1. The Public administrator; or, 2. The ward222s, incapacitated person222s, or disabled person222s: 267 spouse, 267 parents, 267 children who have reached eighteen years of age, or 267 siblings who have reached eighteen years of age. NOTE: GRANDPARENTS OF A MINOR ARE NOT EXCLUDED, AND THEREFORE ARE REQUIRED TO COMPLY WITH THE REQUIREMENTS OF THE STATUTE. IF YOU ARE NOT EXCEPTED FROM THE REQUIREMENTS OF THE BACKGROUND SCREENING, CONTINUE READING. Section 475.050, RSMo requires that EACH PETITIONER submit, at their own expense, to a background screening. EACH PETITIONER seeking appointment as EITHER A GUARDIAN OR A CONSERVATOR must submit to a background screening that shall include: 267 the disqualification lists of the departments of o mental health, o social services, and o health and senior services; 267 the abuse and neglect registries for adults and children; 267 a Missouri criminal record review; and, 267 the sexual offender registry Section 475.050, RSMo also requires EACH PETITIONER seeking appointment as a conservator to ALSO submit, at their own expense, the following: 267 a credit history investigation EACH PETITIONER shall file the results of the reports with the court at least ten days prior to the hearing date unless the time period is waived or modified by the court for good cause shown BY AN AFFIDAVIT FILED SIMULTANEOUSLY WITH THE PETITION. This waiver of the 10 day time period is generally allowed only in emergency situations requiring an expedited hearing. Section 475.050.6 states that: 223An order appointing a guardian or conservator shall not be signed by the judge until such reports have been filed with the court and reviewed by the judge, who shall consider the reports in determining whether to appoint a guardian or conservator.224 American LegalNet, Inc. www.FormsWorkFlow.com 2 FCSR Background Screening Information Rev. 10-3-18 MISSOURI FAMILY CARE SAFETY REGISTRY (FCSR) The following information about the FCSR is courtesy of Missouri Department of Health and Senior Services (DHSS). It is current as of 10-3-18. DHSS created an electronic interface with the data systems maintained by the Missouri State Highway Patrol, Department of Social Services, Department of Mental Health, and various units within the Department of Health and Senior Services. It is called the Family Care Safety Registry. THE FAMILY CARE SAFETY REGISTRY (FCSR) WEB SITE IS LOCATED AT: https://health.mo.gov/safety/fcsr/ How to Register with FCSR: A person may register with the FCSR two ways: 1. Online Registration with the FCSR is quick and easy. All an individual needs is Internet access, their Social Security number and email address, and a valid credit or debit card for payment of the fee. The fee to register online is $13.00 plus a $1.25 processing fee. 2. Mail a Registration Form, a photocopy of the Social Security card, and a check or money order for the $13.00 registration fee (if applicable) to the Missouri Department of Health and Senior Services, Fee Receipts Unit, P.O. Box 570, Jefferson City, MO, 65102. Mailed forms are processed in the order received. Background Screenings can be obtained in three ways: 1. Approved FCSR Internet Users may request screenings via the Internet, by clicking on Internet Background Screening Login. 2. The FCSR maintains a toll-free call center to request background screenings. 3. The Background Screening Request form allows an inquiry. Forms are processed in the order received. American LegalNet, Inc. www.FormsWorkFlow.com CHECKLIST Fees of $158.50 due Add all parties: applicant and respondent Need Respondent & Petitioner SS# and date of birth Need list of prospective witnesses (including doctor) Need financial statement Need doctor222s interrogatories Need signed Guardianship/Conservatorship information memo (unless requesting Public Administrator) Need certified copies of the documents required in Section 475.050(4) RSMo, as amended in 2018, for the proposed guardian/conservator unless said person is the respondent222s parent, spouse, adult child, adult sibling or the Public Administrator. If co-guardians/conservators are requested, need an affidavit from petitioners explaining in detail why a co-guardian/conservator are in the best interest of the Respondent. Conservatorship Only : May need corporate surety bond in the amount of personal property rounded up to the next thousand. E-file bond and mail/deliver original. Bond is to include Acknowledgement of Principal, Acknowledgement of Surety and Power of Att orney. The Petition should contain the following: Need address of domicile Need legal mailing & residence address Need 3 most recent previous addresses (mailing & residence) for the 3 years prior to the filing of the petition Estimated value of real & personal property Need location & value of any real property owned by respondent outside of MO If respondent has no legal address or residence in MO, need county where the property of respondent is located Need name & address of any agent appo inted by respondent in any durable power of attorney Need name & address of any presently acting trustee(s) of any trust where respondent is a grantor, qualified beneficiary, or is/was the trustee or co-trustee and the purpose of the power of attorney or trust Need name & address of any guardian of respondent or conservator of the estate of respondent appointed in MO or another state Relationship of petitioner to respondent Names of individuals for whom petitioner is already guardian or conservator Name of person who has custody of respondent Names & addresses of parents of respondent and whether living or deceased Name & addresses of any spouse and/or living children of the respondent (and age of children) Name & addresses & relationship of respondent222s closest known relatives Name & addresses of any adults living with respondent Need specific physical or mental condition that makes respondent incapacitated and/or disabled If any of the required information is unknown, need the efforts made to obtain the American LegalNet, Inc. www.FormsWorkFlow.com information Signed & dated by petitioner under oath and affirmation or notarized Signed by attorney American LegalNet, Inc. www.FormsWorkFlow.com MISSOURI CIRCUIT COURT, TWENTY-SECOND JUDICIAL CIRCUIT PROBATE DIVISION, CITY OF ST. LOUIS IN THE MATTER OF: Respondent No. PETITION FOR APPOINTMENT OF GUARDIAN AND CONSERVATOR* Come(s) now , of lawful age, the petitioner herein, and being first duly sworn, states: That the above named respondent, a male person, who is years of age, and whose domicile address is and whose legal mailing address is and whose residence address is is . incapacitated/disabled/incapacitated and disabled The three most recent previous addresses (mailing and residence) for the three years prior to the filing of the petition are: The respondent owns property having an estimated value of: Real Property $ Personal Property $ The location and value of any real property owned by the respondent outside of Missouri: Respondent222s finances are detailed on Exhibit B attached hereto. If the respondent has no legal address or residence in Missouri, the county where the property of the respondent is located: . Name and address of any agent(s) appointed by the respondent in any durable power of attorney: . Name and address of any presently acting trustee(s) of any trust where the respondent is a grantor, qualified beneficiary, or is or was the trustee or co-trustee and the purpose of the power of attorney or trust: . Name and address of any guardian of the person or conservator of the estate of the respondent appointed in Missouri or another state: . Petitioner is the of the respondent and requests that letters of Relationship American LegalNet, Inc. www.FormsWorkFlow.com Guardianship be granted to , whose address is , and who is not now guardian or conservator for any wards or protectees (except as follows): Name That resp