How Much Does It Cost to File for Guardianship and Conservatorship in Missouri?

When a loved one in Missouri can no longer make safe decisions due to dementia, a severe disability, or a traumatic brain injury, stepping in to manage their care and finances is an act of deep compassion. However, obtaining legal authority through the Probate Court is a formal, multi-step process that comes with unavoidable financial costs. Whether you are filing your petition in Kansas City, Springfield, or St. Louis, understanding the financial breakdown of a guardianship (for medical and personal decisions) and a conservatorship (for financial decisions) is crucial for your family's budget.

Because the court process is strictly regulated to protect vulnerable adults from exploitation, Missouri law requires several independent professionals to be involved in the case. These requirements drive up the total cost. Navigating the probate system without a legal professional can lead to costly mistakes and delays. We highly recommend browsing our US Lawyers directory to find an experienced Missouri probate attorney who can help you file correctly the first time.

Breakdown of Guardianship and Conservatorship Costs

Every case is unique, but the primary expenses remain consistent across the state. If the case is entirely uncontested-meaning no family members object and the incapacitated adult does not actively fight the petition-you can generally predict the costs.

Court Filing Fees

To open a case, your attorney must file a petition with the local probate division pursuant to Mo. Rev. Stat. § 475.060 and Mo. Rev. Stat. § 475.061, such as Form 10193, Missouri, Jackson County Circuit Court, Petition for Appointment of Guardian and Conservator in Kansas City. For example, filing at the Jackson County Circuit Court, Probate Division, Kansas City or the Greene County Circuit Court, Probate Division, Springfield will incur a filing fee. This fee usually ranges from $150 to $300, depending on the county and whether you are filing for guardianship, conservatorship, or both simultaneously.

Guardian ad Litem (GAL) Costs

Under Mo. Rev. Stat. § 475.075.3, the judge is required to appoint an attorney to represent the allegedly incapacitated adult. This court-appointed attorney acts as an advocate to protect the respondent's rights and autonomy, which differs from a Guardian ad Litem (GAL) appointed to determine best interests. In practice, the appointed counsel or GAL interviews your loved one, reviews medical records, and bills by the hour. In a standard, uncontested case, appointed attorney and GAL fees typically range from $1,000 to $2,500. If the case becomes highly contested and goes to a full trial, these fees can exceed $5,000.

Attorney Fees for the Petitioner

You will need your own attorney to draft the petitions, schedule the medical evaluations, communicate with the GAL, and represent you at the probate hearing. Most Missouri probate attorneys charge an hourly rate (typically between $250 and $450 per hour) or offer a flat fee for simple cases. For a smooth, uncontested guardianship and conservatorship, expect to pay your attorney between $2,000 and $4,500.

Surety Bond Premiums

If you are applying to be a conservator (managing the person's money and property), Missouri law strictly requires you to post a surety bond under Mo. Rev. Stat. § 475.100. This bond acts as an insurance policy to protect the incapacitated person's estate in case the conservator mismanages or steals the funds. The cost of the premium is paid annually and depends entirely on the size of the estate and your personal credit score. For an estate valued at $100,000, the annual bond premium might cost $300 to $600.

Out-of-Pocket vs. Estate Reimbursement

One of the most common questions families ask is: "Do I have to pay for all of this myself?" The answer depends on the financial situation of the person you are trying to protect (the protectee).

Generally, the petitioner (you) must front the initial costs to hire an attorney and file the court paperwork. However, if the court officially declares the person incapacitated and appoints you as the guardian or conservator, Missouri law allows the costs of the proceeding-including your attorney's fees, the GAL fees, and court costs-to be reimbursed from the protectee's estate. Your attorney will file a motion asking the judge to approve these payments out of the conservatorship bank account.

If the protectee has no money and relies entirely on Medicaid and Social Security, their estate cannot reimburse you. In cases of pure indigency, the county may pay the GAL fees, but you will remain personally responsible for paying your own attorney to establish the guardianship.

Frequently Asked Questions (FAQ)