Public Administrator
Introduction
What is a Public Administrator?The Clay County Public Administrator is a county elected official. Once elected, the Public Administrator is appointed by the probate court to manage the affairs of an individual in one of the following roles:
- A Guardian is charged with the duty of managing all affairs of a disabled individual, called wards
- A Conservator is charged with the duty of managing the financial matters of an incapacitated individual or a minor child, called protectees
- A Personal Representative is charged with the duty of administrating the estate of a deceased person
The Public Administrator does what is in the best interest of its wards or estates. The office carries out the duties and responsibilities set for it in the Missouri Revised Statutes by closely following the statutes in the Probate Code, Missouri Revised Statutes, Chapters 473 and 475.
When does the Public Administrator usually get involved?
Only the probate court can decide if an individual needs a guardian and/or conservator because it removes the right of a
person to make his or her own decisions. The court must also rule to open a personal representative estate or if a minor
child needs a conservator to manage their financial affairs.
Although the Public Administrator is widely considered a last resort, any family member, hospital, government agency,
or creditor, with the assistance of a probate attorney, can file an application with the court requesting that the
Public Administrator be appointed as guardian and/or conservator or personal representative:
- Although some wards and deceased individuals do not have living family, many times their family is unwilling or unable to serve as guardian, conservator, or personal representative.
- If there are competing applications for one of these court-appointed positions, many times the court will appoint the Public Administrator instead of a family member.
- Additionally, the Public Administrator can be appointed when the previous guardian, conservator, or personal representative is removed. This most often occurs when the previous court-appointed representative did not complete the required paperwork.
Who does the Public Administrator work with?
The Public Administrator serves some of the most vulnerable populations of Clay County citizens:
- Elderly
- Mentally ill
- Developmentally disabled
About Us
WHAT WE DO...
The Public Administrator’s Office was established in 1880 by the General Assembly, State of Missouri, as an elective office,
such election to be held every four years. The office’s primary duty is to be the Guardian of the person and the Conservator
of a person’s assets; or to be Personal Representative for a deceased person’s assets. The Public Administrator can also be
appointed by the court to serve as trustee for private or public trusts. The office carries out the duties and responsibilities
set for it in the Missouri Revised Statutes by closely following the statutes in the Probate Code, Missouri Revised Statutes,
Chapters 473 and 475. We have a staff of 12 that serves approximately 350 wards and estates.
Although the Public Administrator is widely considered the guardian and conservator of last resort, any family member, hospital,
government agency, or creditor, with the assistance of a probate attorney, can file an application with the court requesting
that the Public Administrator be appointed as guardian and/or conservator of a ward, or personal representative of an estate.
Although some wards and deceased individuals do not have living family, many times their family is unwilling or unable to
serve as guardian, conservator, or personal representative. If there are competing applications for guardian and conservator,
many times the court will appoint the Public Administrator instead of a family member. Additionally, the Public Administrator
can be appointed when the previous guardian, conservator, or personal representative is removed. This most often occurs when
the previous court-appointed representative did not complete the required paperwork.
Guardianship:
When the Public Administrator is appointed as guardian, the office is responsible for the management of each ward’s life,
including where they reside, needed medical attention, and other decisions pertaining to personal well-being.
These decisions can concern day-to-day activities and more important quality of life decisions. The Public Administrator
is not required to consult with family or to notify family of decisions. Additionally, many of these decisions occur after
hours, and the Public Administrator and Case Managers are required to be “on-call” 24/7.
By statute, the Public Administrator must file an annual Status Report with the Court, setting out certain information
about where the person is currently residing, recent medical attention, and other notable personal developments.
The Case Managers visit the wards and complete the Status Reports.
Conservatorship:
When the Public Administrator is appointed as conservator, our office is required to secure all assets, collect all income,
and file and pay taxes for all wards. We also prosecute and defend all legal actions instituted on behalf of or against
the estate, collect all debts due or becoming due to the estate, and settle and/or pay all claims.
Thirty days from the appointment as conservator, an inventory of the person’s assets must be filed with the Probate Division.
The physical viewing of assets and collection of financial assets is gathered by a rotating combination of three or four
staff members. We also collect all income and ensure all wards are receiving all the government benefits they are entitled
to by applying for the benefits on their behalf. Each ward has an individual bank account, which must be managed.
We are also required to verify and pay each ward’s bills.
The Public Administrator is required to file an annual settlement for each open ward case. The annual settlement is a record
of the inventory of the estate and of all transactions that have occurred in an estate during the respective fiscal year.
The Probate Division audits these settlements before they are approved by the Probate Judge.
Much of the work of the Public Administrator is of a legal nature. The Public Administrator is allowed to file some legal
documents, such as the annual settlements and applications that constitute perfunctory requests. However, our office often
needs the assistance of attorneys for more complex legal matters. For estates with less than $20,000.00 in assets,
we work with an Assistant County Counselor. For estates with more than $20,000.00, we are required to hire a private attorney
that is paid for by the individual estate.
Personal Representative Estates:
When the Public Administrator is appointed as personal representative, the bulk of the work is very similar to a
conservatorship. The Public Administrator must secure and inventory all assets, financial, personal property,
and real property; settle and pay any claims, and pursue any necessary litigation on behalf of the estate. Usually,
the Public Administrator is appointed on these cases due to serious litigation or very divisive family conflicts.
Fees:
The Public Administrator’s office is allowed by the Missouri Revised Statutes to charge a fee to administer the
affairs of each estate. Conservatorship fees are charged based on billable hours. The Public Administrator’s rate
is $81.00 per hour, and $51.00 per hour for all deputy hours. Personal representative estates can be charged a fee
based on billable hours or on the compensation schedule for statutory fees per §473.153 RSMo. We decide which fee
collection type will be used depending on what is most financially advantageous for the county. All fees must be
approved by the court before they can be paid to the Clay County Treasurer. All fees collected are deposited in
the county general fund.
Estates only pay the fees when they are able. As a result, fees are rarely collected on indigent accounts.
However, staff still tracks their time spent working on a case, and we annually request approval from the court
for the fees in the event the ward should come into funds.
Annual Fees Collected: *revised list pending
Bonding:
The Public Administrator currently holds a corporate surety bond of $800,000.00, which covers estates
with $20,000.00 in assets or less. Additional bonds are issued for individual estates of higher monetary value,
which totaled over $1.85 million as of December 31, 2016.
The Public Administrator is required by statute to file a bond report annually with the Probate Division of
the Circuit Court of Clay County, summarizing the open estates, assets of the estate, and the amount of
the bond required for each estate.
Clay County Indigent Cremation Program
Clay County Indigent Cremation PolicyRevised February 2021
The Indigent Cremation Program is managed by the Clay County Public Administrator on behalf of the Clay County Commission. This is a program of last resort, and the policy will only be utilized in the most extreme cases of poverty, lack of family connections, and/or abandonment. According to the laws of the State of Missouri, next-of-kin have the responsibility of the right of sepulcher for a deceased person, so the indigent cremation policy can only be utilized in the most extreme cases.
194.119. Right of sepulcher, the right to choose and control final disposition of a dead human body. — 1. As used in this section, the term "right of sepulcher" means the right to choose and control the burial, cremation, or other final disposition of a dead human body.
Program:
Clay County will pay for the disposition of a deceased person’s remains at the funeral home of the County’s choice. Payments will be made to the funeral home and/or provider for cremation services only. No payments will be made to a third party. The body must already be located in the Kansas City area. Clay County will not incur costs of transportation. The Clay County Public Administrator must approve all applications.
Qualifications:
Assets
- The deceased must not have combined assets totaling at or over $1,000.00
- The deceased must not own any taxable personal property or real property.
- The deceased must meet qualifications to receive public assistance, even if the deceased was not receiving assistance at the time of their death. The Missouri Department of Social Services will confirm eligibility.
Residence
The deceased must be a resident of Clay County, Missouri.
The following will be considered to determine residence qualifications:
- Where the deceased resided on a daily basis, including but not limited to if they had a lease, paid room and board or rent.
- Where the deceased paid taxes.
- Where the deceased listed their residence for official purposes such as on a State of Missouri official identification or for correspondence with a federal agency.
- Where the deceased’s non-taxable personal property is located.
- Whether a criminal or probate court in a county of the state of Missouri or Kansas has previously or currently assumed jurisdiction over the deceased.
- Where the deceased died.
Other considerations:
- Any and all assets of the deceased must be turned over to the Clay County Public Administrator and these assets will be utilized to reimburse Clay County, Missouri for the expenses related to the cremation of the deceased and internment of their remains.
- Remains will be released pursuant to Missouri Revised Statute 194.119.
- If no one collects the remains, then one year after the date of cremation (or at the earliest convenient date after one year after cremation), Clay County will arrange for the final disposition of the cremated remains. The disposition can include but is not limited to being scattered at a scatter garden or pond, being interred, or being placed in a crypt, and the disposition could occur on public or private property.
This document constitutes the policy of the Clay County Indigent Cremation Program. However, it is not intended to be controlling and dispositive for each and every circumstance, and the Public Administrator’s office reserves the right to exercise its discretion upon investigation and interpretation of the totality of the facts and circumstances when administering the Indigent Cremation Program.
If you have any questions, please feel free to contact Andrea Pilgrim with the Clay County Public Administrator’s Office at 816-407-3250.
Care Facilities Searches
Nursing Home Compare has detailed information about every Medicare and Medicaid - certified nursing home in the country. A nursing home is a place for people who can’t be cared for at home and need 24-hour nursing care.
Click on the link below to find nursing homes based on a location or a nursing home name and compare the quality of care they provide and their staffing.
Estate Planning
Wills
A will is a legal paper that states who receives your property when you die. A will does not avoid the necessity of probate and must be “probated” to have legal effect. You may title your property in other ways so that probate is not necessary. Any person who is at least 18 years old and of sound mind can make a will.
If you die without a will, a decision as to who receives your property is set by law. Property that you owned alone goes to your close relatives and sometimes to more distant relatives. If no relatives are found, a highly unusual circumstance, your property goes to the state.
Why is It Better to Have a Will?
- You will know that you have planned for your family
- You can say whom you want to receive your valued personal belongings in a list referred to in the will. You can change the list without changing your will.
- Only you decide who receives your property.
- You can nominate a guardian for your minor children.
- You can provide for minor or disabled children in a trust without the court having to supervise by appointing a conservator to take care of what they would receive.
- You can say whether or not you want to make anatomical gifts.
- You can set up a trust for your family.
- You can save on some death taxes.
- You can save some costs by waiving bond and providing for independent administration.
- You can say what you want done with the damages you receive if you die in an accident caused by another person.
Power of Attorney
If it becomes difficult for you to take care of your personal business because of an illness or injury, you may want to consider giving someone your power of attorney. This means you give someone written authority to act in your name with regard to your financial and business affairs. This is usually a friend or a relative, not a lawyer. The person is called your “attorney in fact.” A power of attorney needs to be in writing and should state your name and the name of the person who will be your attorney in fact. It should list the specific powers you are giving to the attorney in fact. Typically, attorneys in fact handle financial affairs such as cashing and depositing checks, paying bills and buying groceries. Be careful about who you choose, because this person will have an important role in your life.
Durable Power of Attorney
A power of attorney, like the one described above, becomes invalid if you become incompetent to make decisions or when you die. If you wish for your attorney in fact to continue managing your affairs after you become incapacitated you should consider a durable power of attorney.
The document should be titled “durable power of attorney” and should state that the power you are giving your attorney in fact is “durable” and will continue if you become disabled or incapacitated. Sign and date the document and have it notarized. If you want to include real estate matters, you will need to file the document with your local recorder of deeds.
A well-written power of attorney can be a helpful legal tool to allow someone else to handle a person's financial matters without the need of more complex arrangements like a trust or a court-appointed guardian or conservator, which removes many or all of the person's decision making authority. A well-written power of attorney can also help protect against possible financial exploitation and abuse.
A lawyer experienced in estate planning is the most appropriate person to write a power of attorney and give you advice about what is needed in your situation. There are many power of attorney forms available on the Internet but they may be too general for your circumstances, they may not follow the requirements of Missouri law, and they may not protect against financial exploitation and abuse.
Advance directives
You may become physically or mentally unable to communicate your desires for medical care if you have an accident or become ill. Your family and doctors will better understand your preferences if you have expressed them in writing. It is important to remember that you have a constitutional right to refuse any medical treatment, including those that prolong your life. You also have the right to name another person to make health care decisions for you if you lose the ability to make your own decisions.
Advance directives allow you to state exactly what treatments you do or do not want if you are unable to communicate your wishes. A durable power of attorney for health care choices allows you to appoint another person to make health care decisions that you have not specified in a health care choices directive.
Guardianship and Conservatorship
The appointment of a guardian or conservator removes the right of a person to make his or her own decisions, therefore requiring a judge’s approval. It should be pursued only after considering other, less restrictive options. A Public Administrator appointment should be considered only as a last resort. A Public Administrator is not required to consult or inform the family of decisions. A guardianship and conservatorship removes the fundamental right of the protected person to make his or her own decisions.Asking the court to appoint a guardian or conservator should be a last resort, after all other, less intrusive means have been examined first. The decision to seek a guardianship or conservatorship should not be based on stereotypical notions of old age, mental illness, or disability. The decision should not be made because you disagree with what an adult with diminished capacity wants to do.
What is a Guardian and Conservator
A guardian is a person or institution appointed by a court to make decisions about the personal well-being — residence, health care, nutrition, education, personal care, etc. — of an incapacitated adult, who is called a "protected person." A conservator is a person or institution appointed by the court to make decisions about a protected person's estate. The protected person's estate includes all of his or her property, business and personal. Some examples are income (such as wages, an annuity, a pension, and Social Security or other government benefits), real property (buildings and land), and personal property (furniture, cash, bank accounts, certificates of deposit, stocks, bonds, motor vehicles, and valuables such as jewelry, tools, furs and art). If the protected person needs help in some but not all areas of decision making, the court will order a limited guardianship. A limited guardianship is preferred, and the court will grant a full guardianship only if no alternative exists. A limited guardian has only those powers listed in the court order. The court can also limit the authority of a conservator.
Alternatives to Guardianship
Anyone 18 or older has the right to make decisions based on his or her values and beliefs, even if others disagree with those decisions. Making decisions is an essential part of adult life. Every day we make decisions for ourselves and for the people who depend on us. Decision making can be burdensome, even stressful at times, but few of us would willingly give up the right to make our own decisions. An adult who loses the capacity to make decisions may need special protection, and planning can help ensure that the person's preferences and values will be followed during a time of diminished capacity. The options described below present risks because the person with diminished capacity is allowing someone else to take control of his or her money, property and healthcare. These options have little or no supervision of that other person, and you are trusting that person's ethical values to do the right thing even though no one is watching. The advice of a lawyer experienced in estate planning and elder law is most important. A lawyer can advise you about steps to protect against abuse, neglect and exploitation of a person with diminished capacity.
- Arranging for Help & Services: The best course of action may be to help the person with diminished capacity make and implement their own decisions. As needed, seek out a lawyer, accountant, tax preparer, social worker or case manager to answer questions and suggest options and advice.
- Representative Payee: A representative payee is a person appointed by a government agency, such as the Social Security Administration (ssa.gov) and the Department of Veterans Affairs (va.gov), to receive and manage the money paid by that agency. To serve as the representative payee, apply to the agency that provides the benefits. In most cases in which the person with diminished capacity has an agent with power of attorney or a trustee, guardian or conservator, the agency will appoint that person as representative payee. But the agency may appoint any person as representative payee.
- Power of Attorney: A power of attorney is a legal document in which one person (called the "principal") gives to another person (the "agent," or sometimes called the "attorney in fact") authority to act on behalf of the principal. A well-written power of attorney can be a helpful legal tool to allow someone else to handle a person's financial matters without the need of more complex arrangements like a trust or a court-appointed guardian or conservator, which removes many or all of the person's decision making authority.
- Health Care Agent & Advanced Health Care Directives: You can appoint an agent to make health care decisions in the event that you no longer have the capacity to do so. Your agent should be someone you trust, who knows, understands and will honor your preferences, and who will be available if needed. An advance health care directive expresses your preferences about health care decisions and helps ensure that your decisions will be carried out, even when you are no longer able to make or communicate those decisions.
- Trusts and Savings Accounts: A special type of trust called a "special needs trust" is a useful planning tool for persons with disabilities and their families. The government benefits that a person with disabilities is entitled to receive may not be reduced because of contributions to a discretionary trust for that person. State agencies disregard a discretionary trust as a resource when determining eligibility for services or support. The State of Missouri has also created MOABLE accounts, which are easy-to-create, tax-incentivized savings accounts for disabled individuals.
Attorney Search
The Missouri Bar Office Directory of Lawyers
Use LawyerSearch to find a lawyer currently accepting new clients. Not all Missouri lawyers are listed in LawyerSearch - only those who have indicated that they would like to be included. You can search by areas of practice or location (city or county). You will find a list of lawyers who have indicated that they are accepting new clients in various areas of the law. Included in the listing for these lawyers, you will also find office addresses, phone numbers, email addresses and links to their firms’ websites (if they have them).
Important Numbers
1-800-392-0210
Make a difference. Make the Call.
1-800-392-3738
TDD: 1-800-669-8689
The Children’s Division Child Abuse and Neglect Hotline (CA/NHU) is a toll-free telephone line which is answered seven days a week, 24 hours a day, 365 days a year.
For hearing and speech impaired, please contact Relay Missouri 1-800-735-2466/voice or 1-800-735-2966/text phone.
1-800-2739-8255
1-800-273-8255
Text: 838255
We want to hear from you!
Questions or feedback!
Clay County Public Administrator's Office
Tel: 816-407-3250
Or fill out the form below.