Missouri
Overview
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.
Guardianship Laws
Mo. Ann. Stat. §§ 475.010 to .480
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 Enacted Bill- 475.075
State Legislation
- 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. 384 MO 103rd Den.
- Description: States before appointing a guardian or conservator, the court shall consider whether the respondent’s needs may be met without the necessity of the appointment of a guardian or conservator, or both, by a less restrictive alternative including, but not limited to Supported Decision Making
- Status: Referred to Emerging Issues on May 15, 2025
- H.B. 2488, 101st Gen. Assem., Reg. Sess. (Mo. 2022)
- Description: Proposing 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.”)
- Status: Failed on May 13, 2022 (Last referred to House Judiciary Committee)
- H.B. 2875, 101st Gen. Assem., Reg. Sess. (Mo. 2022)
- Description: Provides 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).
- Status: Failed on May 13, 2022 (Last referred to House Committee on Children and Families).
- H.B. 1553, 99th Gen. Assem., Reg. Sess. (Mo. 2018)
- Description: Recognizes supported decision-making as a less-restrictive alternative to guardianship.
- Status: Last action on March 15, 2018 (Last referred to House Committee on Rules and Legislative Oversight).
Case Law & Court Orders
None found
State Grant Programs
None awarded
Other Resources
- Missouri Guardianship: Understanding Your Options & Alternatives
- Missouri Family to Family – Presentation: Partnering in Supported Decision-Making
- Missouri Symposium on Supported-Decision Making
- Position Paper: “Self-Determination and Guardianship,” Missouri Developmental Disabilities Council
- Website: Missouri’s WINGS
- 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: January 24, 2025