Missouri House Bill HB2875

Missouri 2022 Regular Session

• Introduced: 3/1/22
• Refer: 5/13/22

Caption

Requires the least restrictive alternative to be reexamined for any guardianship or conservatorship overseen by a public administrator

Impact

If enacted, HB 2875 would amend existing laws, directly impacting individuals who are subject to guardianship or conservatorship. The bill's provisions aim to reduce the level of neglect and potential abuse that can occur when individuals lose their autonomy without adequate oversight. This reexamination is intended to make guardianship more respectful of personal freedoms and rights, thereby addressing critiques about the rigid nature of current practices which may limit individuals' decision-making capabilities unduly.

Summary

House Bill 2875 focuses on the guardianship and conservatorship proceedings within the state, emphasizing the necessity for courts to regularly reexamine the least restrictive alternatives for individuals under such arrangements. The bill mandates that public administrators responsible for overseeing guardianship cases must conduct periodic reviews of the restrictions imposed on wards, ensuring that their rights and freedoms are not unnecessarily curtailed. This aligns with a broader national conversation regarding the balance of protection versus autonomy for those declared incapacitated or disabled.

Contention

Discussions surrounding HB 2875 reveal potential points of contention among stakeholders. Supporters argue that the bill is a necessary reform to protect the rights of individuals in guardianship; they believe it counters the traditional, often paternalistic approach that dominates guardianship proceedings. On the other hand, critics worry that frequent reexaminations might create confusion and uncertainty in ongoing guardianship cases and suggest that the costs associated with these regular reviews could burden the court system or local governments. This tension highlights a larger debate about how best to balance protection with personal freedom in legal frameworks.