Missouri has recognized supported decision-making as a less restrictive alternative to guardianship since 2018. In the 2021-2022 legislative session, another bill was introduced (that would have required all guardianships and conservatorships overseen by public administrators to be reexamined every two years (until the person turned 35 years-old) and then every five years (when the person turned 36-years and older) to determine whether guardianship or conservatorship remained the least restrictive alternative. We are not aware of any case law applying the Missouri supported decision-making statute, nor are we aware of any case law denying petitions for guardianship (or terminating existing guardianships) in favor of supported decision-making.
Supported Decision-Making Statute
- Mo. Rev. Stat. § 475.075 (13) (2018).
- Description: Requiring that, among other things, the court shall consider whether the respondent’s needs may be met with a supported decision-making agreement before the appointment of a guardian or conservator
- Link to Missouri Code: https://revisor.mo.gov/main/OneSection.aspx?section=475.075
- Link to Enacted Bill: https://revisor.mo.gov/main/OneSection.aspx?section=475.075
(search completed 09/21/2021)
- S.B. 806, 99th Gen. Assem., 2nd Reg. Sess. (Mo. 2018)
- Description: Before appointing a guardian or conservator, the court is required to consider less restrictive alternatives, including SDM Agreements.
- Status: Signed by Governor on 6/1/2018, Effective Date is 8/28/18
- Public Link: http://www.senate.mo.gov/18info/pdf-bill/tat/SB806.pdf
- H.B. 2875, 101st Gen. Assem., Reg. Sess. (Mo. 2022) Link: house.mo.gov/Bill.aspx?bill=HB2875&year=2022&code=R
- Status: Last action: Referred to House Committee on Children and Families on 5/13/22.
- Description: This bill provided that, for any guardianship or conservatorship overseen by a public administrator, the least restrictive alternative (including supported decision-making) must be reexamined every two years (until 35 years-old) and then every five years (36-years and older).
- H.B. 2488, 101st Gen. Assem., Reg. Sess. (Mo. 2022) Link: house.mo.gov/Bill.aspx?bill=HB2488&year=2022&code=R
- Status: Last action: Referred to House Judiciary Committee on 5/13/22.
- Description: This bill proposed modifications to various provisions of MO guardianship law, including one addition to the section on supported decision-making as a less restrictive alternative to guardianship (updated to include an exception to its consideration: “unless prohibited by any state or federal law, rule, or regulation, or a financial or other conflict of interest would exist.”)
- H.B. 1553, 99th Gen. Assem., Reg. Sess. (Mo. 2018): https://house.mo.gov/bill.aspx?bill=HB1553&year=2018&code=R
- Description: This bill would have recognized supported decision-making as a less-restrictive alternative to guardianship.
- Status: Last action: Referred to House Committee on Rules and Legislative (Oversight on 3/15/2018).
- PowerPoint: Partnering in Supported Decision-Making
Source: Missouri Family to Family
- Missouri Symposium on Supported-Decision Making
Source: UMKC IHD
- Position Paper: “Self-Determination and Guardianship,” Missouri DD Council(“Guardianship”)
- Website: Missouri’s WINGS
- Article and Video: Missouri Family to Family, “Partnering Together 4.4: Partnering in Supported Decision-Making” (1/12/17)
- Brochure: Missouri Developmental Disabilities Council, “Introduction to Supported Decision-Making (10/2017)
- PowerPoint: Missouri Presentation at NRC-SDM National Symposium (June 2019)
Information Last Updated: July 21, 2022