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Missouri law

Elder Laws in Missouri.

Missouri elder law covers Medicaid long-term care planning, powers of attorney, advance healthcare directives, guardianships and conservatorships in the Probate Division of the Circuit Court, nursing home resident rights, and adult protective services. Medicaid long-term care follows the federal 60-month lookback. Missouri has an active Adult Protective Services program through the Department of Health and Senior Services. Missouri criminalizes financial exploitation of vulnerable adults with enhanced penalties.

Last verified: 2026-04-17

State law

Key Missouri Statutes

Guardianship and ConservatorshipRSMo Chapter 475

Guardianships cover personal decisions; conservatorships cover financial management. Both require judicial finding of incapacity by clear and convincing evidence. Annual reporting required.

Durable Power of AttorneyRSMo § 404.700 et seq.

Missouri has adopted the Uniform Durable Power of Attorney Act. Powers may be broad or limited and must include language indicating they survive incapacity.

Advance DirectivesRSMo § 459.010 et seq. (Declaration Act); RSMo § 404.800 et seq. (Health Care POA)

Missouri permits living wills and durable powers of attorney for health care. Providers must follow valid directives when the patient lacks capacity.

Medicaid Long-Term Care42 U.S.C. § 1396p; Missouri Department of Social Services rules

Federal 60-month lookback on asset transfers. Missouri administers Medicaid through the Department of Social Services with federal matching funds.

Financial Exploitation of the ElderlyRSMo § 570.145

Criminalizes financial exploitation of elderly or disabled persons. Felony penalties based on amount taken. Civil remedies available including treble damages.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Missouri.

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