Yes, more than one person can be appointed HCPOA. It is common to have a primary, then a secondary and sometimes a tertiary or third person listed in the event the first two are not available. Decision Advocates can be both the primary and back-up HCPOA as an organization. There are instances where there are co-HCPOAs. In these cases the HCPOAs have to agree on the decisions being made. This can create challenges if the HCPOAs don’t agree.

Generally, there is one person appointed to be guardian by the court. There can be a successor guardian also appointed that would assume the responsibilities if the primary guardian is no longer able to fulfill the role. It is not as common, but there can be co-guardians appointed as well. This can create challenges at times as both guardians would have to agree on the decision.

Yes, there are fees for enrolling and hourly work. Please call to discuss your needs and what services you are interested in.

Depending on the needs of the person, he/she may retain certain rights such as the right to vote and drive. However, the petitioners have to be clear as to why a person should retain those rights and then it’s up to the court to make the final decision.

Yes it is possible. Generally, it would have to be proven to the court why a person no longer requires a guardian. Providing evidence that shows improvements over time and how that will be sustainable are some of the requirements.

MO Statues

• Except as otherwise limited by the court, a guardian shall make decisions regarding the adult’s support, care, education, health, and welfare. A guardian shall exercise authority only as necessitated by the adult’s limitations and, to the extent possible, shall encourage the adult to participate in decisions, act on the adult’s own behalf, and develop or regain the capacity to manage the adult’s personal affairs. The general powers and duties of a guardian of an incapacitated person shall include, but not be limited to, the following:
  1. Assure that the individual resides in the best and least restrictive setting reasonably available;
  2. Assure that the individual receives medical care and other services that are needed;
  3. Promote and protect the care, comfort, safety, health, and welfare of the individual;
  4. Provide required consents on behalf of the individual;
  5. To exercise all powers and discharge all duties necessary or proper to implement the provisions of this section.
• A guardian of an adult or minor individual is not obligated by virtue of such guardian’s appointment to use the guardian’s own financial resources for the support of the individual. If the individual’s estate and available public benefits are inadequate for the proper care of the individual, the guardian or conservator may apply to the county commission pursuant to section 475.370.
• No guardian of the person shall have authority to seek admission of the guardian’s individual to a mental health or intellectual disability facility for more than thirty days for any purpose without court order except as otherwise provided by law.
• Only the director or chief administrative officer of a social service agency serving as guardian of an incapacitated person, or such person’s designee, is legally authorized to act on behalf of the individual.
• A social service agency serving as guardian of an incapacitated person shall notify the court within fifteen days after any change in the identity of the professional individual who has primary responsibility for providing guardianship services to the incapacitated person.
• Any social service agency serving as guardian may not provide other services to the individual.
• In the absence of any written direction from the individual to the contrary, a guardian may execute a preneed contract for the individual’s funeral services, including cremation, or an irrevocable life insurance policy to pay for the individual’s funeral services, including cremation, and authorize the payment of such services from the individual’s resources. Nothing in this section shall interfere with the rights of next-of-kin to direct the disposition of the body of the individual upon death under section 194.119. If a preneed arrangement such as that authorized by this subsection is in place and no next-of-kin exercises the right of sepulcher within ten days of the death of the individual, the guardian may sign consents for the disposition of the body, including cremation, without any liability therefor. A guardian who exercises the authority granted in this subsection shall not be personally financially responsible for the payment of services.