Institute for Human Development

Candace’s Corner S3 E6 | Guardianship and Your Rights with Will Hack

Hosted by Candace Cunningham, Candace’s Corner podcast series invites leaders across our state to talk about key issues affecting the disability community.

This season, Candace explores the history of the developmental disabilities system in Missouri.

A graphic for Candace's Corner Guardianship and Your Rights with Will Hack, a young adult wearing a cap and gown.

Episode Details

Candace talks with Will Hack. Hack is from St. Louis, MO. Hack works at Missouri Protection and Advocacy Services or MO P&A. He helps protect the rights of people with disabilities in Missouri. His work includes helping people understand their rights, especially around guardianship, and supporting them when they need help or face problems. 

Hack works to make sure people are treated fairly and have a voice in their own lives. He also helps people learn about other options, like supported decision-making, so they can make their own choices as much as possible.

Discussion Topics

  • Missouri Protection and Advocacy 
  • What guardianship means 
  • Your rights under guardianship 
  • Supported Decision-Making 
  • Changes in the law 
  • Resources and support in Missouri 

Glossary and Resources

Terms Used in this Episode

  • Public Administrator — a professional who manages government programs or public services.
    • They step in when someone: 
      • Has a disability, dementia, or mental illness 
      • Cannot take care of their own health, money, or safety 
      • Does not have a family member or trusted person to help 
    • What they do: 
      • Make sure the person has a safe place to live 
      • Help manage money and pay bills 
      • Make decisions about medical care 
      • Protect the person from harm or abuse  
    • Important to know: 
      • They are usually involved through guardianship or conservatorship legal roles decided by a judge 
      • They are a last resort when no one else can help  
      • Each county in Missouri has a public administrator 
  • RESMo means Revised Statutes of Missouri.
    • RESMo section 475.361 outlines the specific rights retained by an adult ward under guardianship in Missouri. It establishes that a guardian must act in the best interest of the ward and allows the ward to petition the court to restore certain rights. It was revised in 2018 to say, don’t just make decisions for the person – include them and respect what they want.
  • Supported Decision-Making (or SDM) means making your own decisions without relying on guardianship, with or without help from people you trust like family, friends, or professionals.
  • Supported Decision-Making Movement — a human rights-driven movement that is empowering people with disabilities to make their own choices.

Resources and Links

Organizations Mentioned

  • Missouri Family to Family Resource Center (Guardianship Alternatives Page) helps people understand options other than guardianship. It says that just because a person has a disability does not mean they need a guardian. It includes tools, videos, and guides to help you decide what support is right for you or your family. And it shows ways people can: 
    • Get support with decisions 
    • Stay in control of their lives  
    • Keep as many rights as possible 
  • Missouri Protection and Advocacy (or MO P&A) helps people with disabilities protect their rights. It is Missouri’s disability rights organization. MO P&A can help with: 
    • School and special education problems 
    • Guardianship and alternatives to guardianship 
    • Problems in group homes, nursing homes, or hospitals 
    • Disability discrimination 
    • Voting access and accommodations 
    • Abuse, neglect, or unsafe treatment 
  • The Missouri Supported Decision Consortium is a group that helps people learn about making their own choices with support. 
  • National Resource Center for Supported Decision-Making is a national group that provides tools and information about supported decision-making for people, families, and professionals.