Analysis

            Parents have many various obstacles to overcome while raising their child.  After a child is born, parents take on the natural responsibility and decision making powers of that child.  Parents, as the child’s natural guardians, make decisions about child rearing, education, clothing, living arrangements, health care, and many other factors in the child’s life.  These decisions work towards the child becoming an independent adult.  When the child becomes 18 years old, the child becomes an adult and has the power to make their own decisions concerning their own affairs according to Missouri state law.  At this point, parents need to consider if their child is capable of being his/her own guardian and making decisions about his/her own affairs independently.  This decision becomes more difficult for parents of children with disabilities.  If the parents feel their child is not capable, they may wish to seek guardianship or conservatorship of their child.  "Guardianship is the legal process of determining a person's capacity to make decisions for himself regarding his personal affairs" (Missouri Protection & Advocacy Services).  A guardian is the person assigned to take care of and have custody of the person who is incapacitated.  Conservatorship is similar, yet the court only assigns a conservator (a person or corporation) to deal with the financial and property sides.

            As a special education teacher of students who are 15 to 20 years old, I am responsible for notifying parents of 16 year old students with disabilities that their child will become their own guardian on their eighteenth birthday.  The state requires early notification, so parents are pre-advised of the law and how it will affect their family and child with disability.  Many parents of children with disabilities do not understand why they have to go through a legal process to continue to make decisions for their children.  Along with notifying them, I try to help them locate the information they need to understand the terms, the levels, and the process, so they can make the decision that best fits their individual situation.  I want families to know why the law is in effect and how it affects them and their child.  By creating this website, I hope to direct my families in the direction of accurate, beneficial information.  This information should help them understand the history of the law, the definitions of terms, various levels of guardianship, and the steps required to apply for guardianship, if they choose to do so.  The website also offers the families the opportunity to discuss their situations and to give feedback on the different forms of information I have provided them.    

The first guardianship law was established when Missouri became a state.  Over the years it has changed in many ways.  It began as seeing anyone with a guardian as incapable of making decisions independently and putting together people with various levels of abilities no matter if they were elderly, mentally handicapped, or mentally ill.     The Guardianship Revision Bill of 1983 altered the antiquated terms with words such as incapacitated and disabled.  This bill considers the various degrees of ability a person who is elderly, mentally handicapped, physically disabled, or mentally ill has and then fits the guardianship to meet the needs that the person is not able to care for himself.  Now there are also many levels to fit the needs of the different individuals and situations.  The main levels include self-guardianship, conservatorship, and guardianship, which are then separated into more levels that are decided by the court.  Some factors that have added to the necessity of change are increased life expectancy, technology for self-care, and an increase in support systems for people with disabilities.  The legal process considers all of these to while applying the least restrictive principle, where the person’s personal liberty and freedom is not restricted to any greater extent than necessary.