Missouri Guardianship Laws: Minors, Adults and Conservators (2026)

In Missouri, guardianship and conservatorship are probate court proceedings under chapter 475 of the Revised Statutes of Missouri (RSMo). A guardian is appointed "to have the care and custody of the person of a minor or of an incapacitated person," while a conservator is appointed "to have the care and custody of the estate of a minor or a disabled person" (RSMo § 475.010). For an adult, the court may appoint a guardian of the person only on proof by clear and convincing evidence that the person is incapacitated and that the person's identified needs cannot be met by a less restrictive alternative (§ 475.079.1).

Missouri splits the two sides by different words. "Incapacitated person" is the person-side test that supports a guardianship, and "disabled person" is the financial-side test that supports a conservatorship (§ 475.010). The person under a guardianship is the "ward," the person under a conservatorship is the "protectee," and the person a petition is filed about is the "respondent." For how other states handle these questions, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Missouri state law on guardianship of minors and adults, conservatorship of an estate, the parental power of attorney under the Supporting and Strengthening Families Act, standby guardianship, and the statutory alternatives to guardianship in RSMo chapter 475, plus the relative caregiver affidavit in RSMo § 431.058. It does not cover custody disputes between parents (see Missouri child custody laws), grandparent visitation (see Missouri grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Missouri probate), juvenile-court child-protection and foster-care cases, which run on a separate track, or civil commitment and mental-health holds.

Missouri guardianship terms and where the law lives

Chapter 475 holds Missouri's guardianship and conservatorship rules (sections 475.010 to 475.480), the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act for cases that cross state lines (sections 475.501 to 475.555), and the Supporting and Strengthening Families Act on parental powers of attorney (sections 475.600 to 475.604). Most of the adult-guardianship sections described below took their current form in 2018 (S.B. 806).

The person-side definition is narrow and turns on risk of serious harm:

"Incapacitated person", one who is unable by reason of any physical, mental, or cognitive condition to receive and evaluate information or to communicate decisions to such an extent that the person, even with appropriate services and assistive technology, lacks capacity to manage the person's essential requirements for food, clothing, shelter, safety or other care such that serious physical injury, illness, or disease is likely to occur.

RSMo § 475.010

The property-side definition covers a person who is "unable by reason of any physical, mental, or cognitive condition to receive and evaluate information or to communicate decisions to such an extent that the person lacks ability to manage the person's financial resources," among the other circumstances the definition lists (§ 475.010). A "minor" is anyone under 18.

How to get guardianship of a child in Missouri

A Missouri court may grant letters of guardianship of the person of a minor only in three situations:

4. Letters of guardianship of the person of a minor may be granted in the following cases: (1) Where a minor has no parent living; (2) Where the parents or the sole surviving parent of a minor are unwilling, unable or adjudged unfit to assume the duties of guardianship; (3) Where the parents or the sole surviving parent have had their parental rights terminated under chapter 211.

RSMo § 475.030.4

Unless no parent is living or parental rights were terminated, a petition by a grandparent, aunt, uncle or other relative has to fit the second category: the parents or the sole surviving parent are unwilling, unable or adjudged unfit to assume the duties of guardianship.

Who may file. "Any person may file a petition for the appointment of himself or herself or some other qualified person as guardian of a minor" (§ 475.060.1). The statute also allows a petition "for the sole and specific purpose of school registration or medical insurance coverage" (§ 475.060.1). The case is heard in the probate division of the circuit court, with venue in the county of the minor's domicile (§ 475.035).

Who gets notice. Notice of the petition goes to the minor if over 14, the minor's parents, the minor's spouse, and the person or entity nominated to serve, and a minor over 14 must be personally served if personal service can be had (§ 475.070). For a petition filed only for school registration or medical insurance coverage, the court may go forward without serving the parents on an affidavit that, after a diligent effort, the whereabouts or identity of either or both parents remains unknown (§ 475.070.3).

Who is appointed. Section 475.045 sets the order. First come the parent or parents of the minor, except as § 475.030 provides. If a minor over 14 "has no qualified parent living," the court appoints "a person nominated by the minor, unless the court finds appointment contrary to the best interests of the minor." Where both parents are dead, a person named in the will of the last surviving parent is appointed (§ 475.045.1). If no appointment is made from that list, the court appoints "the most suitable person who is willing to serve and whose appointment serves the best interests of the child to a stable and permanent placement" (§ 475.045).

What the guardian of a minor does. "The guardian of the person of a minor shall be entitled to the custody and control of the ward and shall provide for the ward's education, support, and maintenance" (§ 475.120.1). No medical or surgical procedure may be performed on a ward without the consent of the guardian of the person, except in the situations § 475.123 allows, including a life-threatening emergency (§ 475.123). A guardian "is not obligated by virtue of such guardian's appointment to use the guardian's own financial resources for the support of the ward" (§ 475.120).

Parents' visitation. Where a guardian was appointed because the parents were unwilling, unable or unfit, a parent may petition the court for periods of visitation, and "the court may order visitation if visitation is in the best interest of the child" (§ 475.084).

When it ends. A guardianship of a minor ends when the minor turns 18. The court may also end it if it finds "that a parent is fit, suitable and able to assume the duties of guardianship and it is in the best interest of the minor that the guardianship be terminated" (§ 475.083).

The child's own money. A conservatorship of a minor's estate covers only "that part of the estate of the minor which is not derived from a living parent who is acting as natural guardian" (§ 475.030.2). For property that came from a parent, the parent as natural guardian has the powers of a court-appointed conservator over that property, and no court order is needed to use them (§ 475.025).

Guardianship of a child in a Children's Division case runs through the juvenile court on a separate track that this page does not cover.

Can a parent name a guardian in a will in Missouri?

Yes, in two ways.

By will, for after both parents have died. Among the persons § 475.045 names for appointment as guardian or conservator of a minor is, "Where both parents of a minor are dead, any person appointed under this section or section 475.046 by the will of the last surviving parent, who has not been adjudged unfit or incompetent for the duties of guardian or conservator" (§ 475.045). The nomination therefore operates through the will of the last surviving parent, and the court still makes the appointment.

As a standby guardian. A custodial parent may designate a standby guardian of a minor or incapacitated person:

1. A custodial parent may designate a person to act as standby guardian of a minor or incapacitated person by a will that complies with the requirements of section 474.320 or by a separate written instrument which is dated and is either duly executed and acknowledged by the custodial parent or is signed by the custodial parent in the presence of at least two disinterested witnesses and subscribed by the witnesses.

RSMo § 475.046

The designation is open only to a custodial parent. It can name a standby guardian for an incapacitated person as well as for a minor. If the custodial parent is or becomes "seriously ill," meaning "a significant likelihood that a person will become incapacitated or die within twelve months," the parent or the designated person may petition the probate division to approve the standby guardian (§§ 475.010, 475.046). If the court approved the designation, the standby guardian's authority begins when letters issue; if not, it begins on the custodial parent's consent in a writing the parent duly executed and acknowledged, on the parent's adjudication of incapacity, or on the parent's death (§ 475.046).

Two deadlines follow. The standby guardian must, "within ten days after he or she begins to act as standby guardian, notify the court in writing of that fact and of the reasons therefor," and must, "within sixty days after he or she begins to act, petition the court for appointment of the standby guardian or some other qualified person as guardian of the minor or incapacitated person" (§ 475.046).

Letting a relative care for a child without going to court

Missouri's Supporting and Strengthening Families Act (RSMo §§ 475.600 to 475.604) lets a parent hand over day-to-day authority for a child without a guardianship case. A parent or legal custodian:

may, by a properly executed power of attorney as provided under section 475.604, delegate to an attorney-in-fact for a period not to exceed one year, except as provided under subsection 7 of this section, any of the powers regarding the care and custody of the child, except the power to consent to marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child.

RSMo § 475.602

The limits that matter:

• One year at a time. The delegation may not exceed one year, and a new power of attorney is needed for each additional year (§ 475.602).
• Military parents. For a parent on active duty, "the term of delegation shall not exceed the term of active duty service plus thirty days" (§ 475.602.7).
• Notarized. "Any form for the delegation of powers authorized under section 475.602 shall be witnessed by a notary public" (§ 475.604).
• Revocable at any time. "The parent or legal custodian of the child shall have the authority to revoke or withdraw the power of attorney authorized in subsection 1 of this section at any time" (§ 475.602).
• Court orders still control. The delegation does not change rights set by a court order (§ 475.602).
• Background checks in some cases. If a community service program helps arrange the delegation, a background check of the attorney-in-fact and the adult members of the household is required (§ 475.602).

Relative caregiver affidavit. A separate statute lets an adult relative who lives with a child under 18 and is responsible for the child's care consent to the child's medical treatment and to educational services (school enrollment and school activities) by a signed affidavit, if the parent has delegated that authority in writing or, after reasonable efforts, the parent's consent cannot be obtained (RSMo § 431.058). A parent's contrary decision overrides the relative's consent unless it threatens the child's life, health or safety; the affidavit becomes invalid once a provider or school receives notice that the child no longer lives with the relative; and it expires one year after it is given to the provider or school (§ 431.058).

The power of attorney delegates the listed powers; it is not a court appointment, and the parent keeps the right to revoke it. Where a parent or legal custodian uses a community service program that offers support services for families in crisis to help arrange the delegation, signing the power of attorney is not abandonment, abuse or neglect under the statutes § 475.602.4 names, unless the parent fails to take custody of the child or to sign a new power of attorney after the one-year limit. Signing one with the intention of permanently giving up parental or legal responsibility for the child violates § 453.110 (§ 475.602.4). For the rules on adult powers of attorney, see Missouri power of attorney laws.

How to become guardian of an adult in Missouri

The petition. "Any person may file a petition for the appointment of himself or herself or some other qualified person as guardian or limited guardian of an incapacitated person" (§ 475.060.2). The petition must state, among other items, "the reasons, incidents, and specific behaviors demonstrating why the appointment of a guardian or limited guardian is sought," and it lists the respondent's relatives, any agents under powers of attorney and any trusts (§ 475.060.2).

Service on the respondent. The respondent must be served in person with a copy of the petition, a written notice of the time and place of the hearing, the name and address of the appointed attorney, the witnesses expected to testify, and a copy of the respondent's rights (§ 475.075.2). The statute requires service "a reasonable time before the date set for the hearing" and does not fix a number of days.

A lawyer in every case. When the petition is filed, "the court shall immediately appoint an attorney to represent the respondent in the proceeding. The attorney shall visit the respondent at least twenty-four hours prior to the hearing unless the court finds good cause for waiving this requirement" (§ 475.075.4). Until a judgment granting guardianship or conservatorship is entered, the respondent's attorney may not also serve as the respondent's guardian ad litem or conservator ad litem (§ 475.075.5).

Examination. The court may direct that the respondent be examined "by a physician, licensed psychologist, or other appropriate professional," and the examiner must first tell the respondent of the right to remain silent (§ 475.075.6).

The respondent's rights at the hearing. Section 475.075.10 lists the respondent's rights, including the right to a jury trial, the right to counsel, the right to present evidence and cross-examine witnesses, the right to remain silent, "the right to have the hearing opened or closed to the public as the respondent elects," the right to be present at the hearing, and the right to appeal.

The burden of proof. "The petitioner has the burden of proving incapacity, partial incapacity, disability, or partial disability by clear and convincing evidence" (§ 475.075.9). The order appointing a guardian of the person rests on two findings:

...upon proof by clear and convincing evidence that the person for whom a guardian is sought is incapacitated as defined in this law and that the respondent's identified needs cannot be met by a less restrictive alternative, the court may appoint a guardian of the person.

RSMo § 475.079.1

Alternatives the court must weigh first. "Before appointing a guardian or conservator, the court shall consider whether the respondent's needs may be met without the necessity of the appointment of a guardian or conservator, or both, by a less restrictive alternative including, but not limited to," a list that includes durable powers of attorney, trusts, representative payees, assistive technology and "supported decision-making agreements or the provision of protective or supportive services or arrangements provided by individuals or public or private services or agencies" (§ 475.075.13).

Limited guardianship. If the court finds the person partially incapacitated, it appoints a limited guardian of the person with the powers the order specifies, imposing only the legal disabilities that are necessary (§ 475.080.1). Every appointment order, not only a limited one, must include detailed findings, among them "whether the respondent retains the right to vote," "whether the respondent is permitted to drive a motor vehicle if the respondent can pass the required driving test," and "whether the respondent retains the right to marry" (§ 475.075).

Who has priority to serve

Section 475.050 sets the order of persons the court considers, including:

1. "If the incapacitated or disabled person is, at the time of the hearing, able to make and communicate a reasonable choice, any eligible person nominated by the person";
2. any eligible person nominated in a durable power of attorney the person executed, or in another signed, witnessed writing the person made before becoming incapacitated;
3. "the spouse, parents, adult children, adult brothers and sisters and other close adult relatives of the incapacitated or disabled person";
4. any other eligible person (or, for the estate only, an eligible organization or corporation) nominated in a duly probated will of such a spouse or relative.

"Except for good cause shown, the court shall make its appointment in accordance with the incapacitated or disabled person's most recent valid nomination of an eligible person qualified to serve as guardian of the person or conservator of the estate" (§ 475.050.3). The court may not appoint an unrelated third party unless no suitable relative is available or appointing the relative would be contrary to the person's best interests (§ 475.050). For a minor under the care of the Children's Division who is entering adult guardianship or conservatorship, "it shall be a rebuttable presumption that he or she has no relative suitable and willing to serve" (§ 475.050).

Limits on who may serve include background screening of proposed guardians and conservators (abuse registries, criminal records and the sex offender registry, plus credit history for conservators), with exceptions for public administrators and the person's spouse, parents, and children and siblings who are 18 or older; the results must be filed at least ten days before the appointment hearing unless the court waives or modifies that for good cause, and a guardian certified by a national accrediting organization may file proof of certification instead (§ 475.050); a bar on owners and employees of a facility where the person lives unless related to the person within the fourth degree (§ 475.055); and the rule that "no corporation other than a social service agency may be appointed to serve as guardian of the incapacitated person" (§ 475.055). Where no suitable person is available, the county public administrator may serve, and § 475.079 requires notice to the public administrator.

What a Missouri guardian can decide, and the rights the person keeps

A guardian's authority is meant to match the person's actual limits. "A guardian shall exercise authority only as necessitated by the adult ward's limitations and, to the extent possible, shall encourage the adult ward to participate in decisions" (§ 475.120.2). Among the guardian's duties, the guardian must "assure that the ward resides in the best and least restrictive setting reasonably available" (§ 475.120.3).

Limits on the guardian's power include:

• Mental health and intellectual disability facilities. "No guardian of the person shall have authority to seek admission of the guardian's ward to a mental health or intellectual disability facility for more than thirty days for any purpose without court order except as otherwise provided by law" (§ 475.120.5).
• Medical care. No medical or surgical procedure may be performed on a ward without the guardian's consent, except in the circumstances § 475.123 sets out, including a life-threatening emergency or consent the court authorizes (§ 475.123).

Rights the person keeps. An adjudication of partial incapacity imposes no legal disability except as the order specifies, and an adjudication of total incapacity imposes all legal disabilities except as the order specifies (§ 475.078). The statute sets presumptions that follow from the type of finding:

3. A person who has been adjudicated incapacitated or disabled or both shall be presumed to be incompetent, except as otherwise specified in this chapter. A person who has been adjudicated partially incapacitated or partially disabled or both shall be presumed to be competent.

RSMo § 475.078.3

Even for a person found totally incapacitated, the court "may expressly enter an order that the ward's or protectee's right to vote shall be retained," that the person may drive if able to pass the required driving test, or that the person retains the right to marry (§ 475.078.4).

Section 475.361 adds rights that apply "in every guardianship," notwithstanding § 475.078. They include the rights to a guardian who acts in the ward's best interests and is reasonably accessible; to communicate freely and privately with family, friends and others, which the guardian may limit for good cause "but only as necessary to ensure the ward's condition, safety, habilitation, or sound therapeutic treatment"; to bring an action relating to the guardianship, including one to modify or end it; to the least restrictive form of guardianship assistance; to be restored to capacity at the earliest possible time; to receive information from the court describing the ward's rights; and to participate in any health care decision-making process (§ 475.361.1). An adult ward may petition the court for the right to marry or seek a dissolution of marriage, make or end contracts, consent to medical treatment, establish a residence, change domicile, bring or defend actions other than one relating to the guardianship, or drive if able to pass the driving test (§ 475.361.2). "The appointment of a guardian is not a determination that the ward lacks testamentary capacity" (§ 475.361.4).

Annual reports and court review. "At least annually, the court shall inquire into the status of every adult ward and protectee under its jurisdiction" (§ 475.082.1). The guardian or limited guardian "shall file annually on the anniversary date of the guardian's or limited guardian's letters a report concerning the personal status of the adult ward and plans by the guardian or limited guardian for future care" (§ 475.082). The report covers matters such as the ward's address, contacts and visits, participation in decisions, physician visits, condition, and the guardian's opinion on whether the guardianship is still needed. If the court holds a hearing on the guardian's conduct and the ward has no attorney, the court must appoint one (§ 475.082).

Conservators: managing a minor's or adult's estate

A conservator of the estate may be appointed for a minor or for a disabled person, on the same clear-and-convincing burden that applies to guardianship (§ 475.075.9). For an adult, the court may appoint a conservator when the person is disabled and "the respondent's identified needs cannot be met by a less restrictive alternative" (§ 475.079). A person who is only partially disabled receives a limited conservator (§ 475.080). When the person has not filed or consented to a conservatorship petition, the § 475.075 procedures on notice, appointed counsel, hearing and adjudication apply. When the person files or consents, the court first appoints an attorney for the person, and if it finds the disability exists and the person wants the appointment, understands its purpose and makes a reasonable choice of conservator, it may appoint that choice without notice or hearing (§ 475.062).

Bond. "Every conservator of the estate of a minor or disabled person, before entering upon the duties of his office, shall execute and file a bond, approved by the court," procured at the expense of the estate with sufficient surety in an amount the court fixes (§ 475.100).

Acts without court approval. Section 475.130 lists acts a conservator may take without court approval, among them to "settle or compromise a claim against the protectee or the estate agreeing to pay or paying not more than five thousand dollars" (§ 475.130.6).

Protective arrangements without a conservator. In some cases a full conservatorship is not needed. Under § 475.092, "the court, without appointing a conservator, may authorize, direct or ratify any transaction necessary or desirable to achieve any security, service, or care arrangement meeting the foreseeable needs of the person."

Inventory and annual settlements. The conservator files an inventory and appraisement of the protectee's estate in the same manner and within the same time as for a decedent's estate, which is within thirty days after letters are granted unless the court grants a longer time; it must include jointly held property, life insurance policies the protectee owns, and a statement of the income and benefits the protectee receives or will receive (§§ 475.145, 473.233). The conservator files a settlement of accounts with the court annually, or more often if the court requires, at a time the court fixes within sixty days after the anniversary of the appointment (§ 475.270.1). Where the assets are under another fiduciary such as a Social Security representative payee, or do not exceed the chapter 208 public-benefit limit, the court may waive or modify the settlement requirements on proof that adequate provision has been made for the protectee's care (§ 475.276).

Emergency guardianship in Missouri

Missouri's emergency tool, in § 475.075.15, is the appointment of an emergency guardian ad litem or conservator ad litem for a respondent who has no guardian or conservator. When the emergency conditions the subsection sets out are shown, the court may "appoint an emergency guardian ad litem or conservator ad litem for a specified period not to exceed ninety days and for specified purposes" (§ 475.075.15).

The safeguards:

• Notice and counsel. Notice goes to the respondent's attorney, and the respondent is served (§ 475.075.15).
• Hearing. "Except for good cause shown, the court shall hold a hearing on petitions filed under this section within five business days of the filing of the petition" (§ 475.075.15).
• Extensions. "Only after a hearing and a showing of continuing emergency need" may the court extend the appointment, and each extension may run up to 90 days (§ 475.075.15).
• No background reports. "No reports or national criminal history record check shall be required by the court upon the application of a petitioner for an emergency temporary guardianship or emergency temporary conservatorship" (§ 475.050).

How a Missouri guardianship ends or rights are restored

The guardian, the conservator, anyone acting on the person's behalf, or the ward or protectee individually may petition the court to restore the person, reduce the guardian's or conservator's powers, or give back rights (§ 475.083). Missouri makes this easy to start:

The petition from the ward or protectee or on behalf of the ward or protectee may be an informal letter to the court. ... If the ward or protectee is not represented by an attorney, the court shall appoint an attorney to represent the ward or protectee in such proceeding. The burden of proof by a preponderance of the evidence shall be upon the petitioner. Such a petition may not be filed more than once every one hundred eighty days.

RSMo § 475.083

Interfering with a ward's letter to the court is punishable as contempt, and a joint petition by the ward and the guardian may be granted summarily (§ 475.083). The court also has its own duty: "If there is an indication that the incapacity or disability of the ward or protectee has ceased, the court shall appoint an attorney to file on behalf of the ward or protectee a petition for termination of the guardianship or conservatorship or for restoration" (§ 475.082.4).

The burden on restoration (a preponderance of the evidence) is lower than the burden for the original appointment (clear and convincing evidence, § 475.075.9).

Alternatives to guardianship in Missouri

The court must consider less restrictive alternatives before it appoints anyone (§ 475.075.13), so the alternatives a person already has in place matter.

Supported decision-making. Chapter 475 contains no section that creates or regulates a supported decision-making agreement. It names such agreements only as one of the less restrictive alternatives the court must consider before appointing a guardian or conservator (§ 475.075.13(4)).

Powers of attorney. A durable power of attorney is on the statute's list of alternatives, and a person nominated in one has priority to serve if a guardian is later needed (§ 475.050). Signing rules are covered on our Missouri power of attorney laws page. Appointing a guardian revokes the powers of an agent the ward named in a durable power of attorney for health care, unless the court orders otherwise (§ 475.361.3). Free drafting tools are available for a Missouri power of attorney and a Missouri advance directive while a person still has capacity; a tool is not legal advice, and any document must be signed under the Missouri rules on the power of attorney page.

Court-authorized medical consent. Without a guardianship, "if the life of a person is threatened and his consent to a necessary medical or surgical procedure cannot be obtained, a court, on petition filed pursuant to section 475.060, after hearing, may authorize consent on behalf of such person" (§ 475.123.3).

Federal benefits. Federal programs make their own appointments: the Social Security Administration decides whether representative payment is in a beneficiary's interest and appoints its own payee, and for a legally incompetent beneficiary it "may appoint the legal guardian or some other person" (20 C.F.R. § 404.2001(b)(2)); the guardianship hub covers the federal layer.

Moving to or from Missouri with a guardianship

Missouri has adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (RSMo §§ 475.501 to 475.555). "A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state" (§ 475.531.1). Going the other way, a guardian appointed in another state may register the guardianship order in Missouri, subject to the conditions in § 475.541, "by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office" (§ 475.541).

Missouri guardianship at a glance

Related Missouri pages

• Guardianship laws by state
• Missouri power of attorney laws
• Missouri child custody laws
• Missouri grandparents' rights
• Missouri probate

This article provides general legal information about Missouri guardianship law, not legal advice. Guardianship cases turn on their facts and on local court practice. For advice about a specific situation, contact a lawyer licensed in Missouri or the probate division of the circuit court that would hear the case.

Last updated: October 20, 2026.

Frequently Asked Questions

How do I get guardianship of my grandchild in Missouri?

Any person may petition the probate division to be appointed guardian of a minor (RSMo § 475.060), but the court may grant letters of guardianship of the person only if no parent is living, the parents or sole surviving parent are unwilling, unable or adjudged unfit to assume the duties, or parental rights were terminated under chapter 211 (§ 475.030.4). The parents, the minor if over 14, the minor's spouse and the nominee receive notice (§ 475.070).

Can a parent give a relative power over a child without court in Missouri?

Yes. Under RSMo § 475.602 a parent or legal custodian may delegate powers over the child's care and custody by a notarized power of attorney for up to one year (for a military parent, up to the term of active duty plus 30 days), except the power to consent to marriage or adoption, an abortion, or termination of parental rights. The parent may revoke it at any time, and it does not change court-ordered rights. Separately, a relative the child lives with may consent to medical treatment and school matters by affidavit if the parent delegated that authority in writing or, after reasonable efforts, the parent's consent cannot be obtained (RSMo § 431.058).

What is a standby guardian in Missouri?

A custodial parent may designate a standby guardian for a minor or incapacitated person by will or by a dated written instrument that is acknowledged or signed before two disinterested witnesses (RSMo § 475.046). Once the standby guardian begins to act, he or she must notify the court in writing within 10 days and petition for appointment of a guardian within 60 days.

What must be proved to get guardianship of an adult in Missouri?

The petitioner must prove incapacity by clear and convincing evidence (RSMo § 475.075.9), and the court may appoint a guardian of the person on proof that the person is incapacitated and that the person's identified needs cannot be met by a less restrictive alternative (§ 475.079.1).

Does the person get a lawyer in a Missouri guardianship case?

Yes. When an adult guardianship or conservatorship petition is filed, the court must immediately appoint an attorney for the respondent, and the attorney must visit the respondent at least 24 hours before the hearing unless the court finds good cause to waive it (RSMo § 475.075.4).

Is there a jury trial in Missouri guardianship cases?

The respondent's listed rights include the right to a jury trial, along with the right to be present, to present evidence, to cross-examine witnesses, to remain silent and to have the hearing open or closed as the respondent elects (RSMo § 475.075.10).

How long does an emergency guardianship last in Missouri?

Missouri's emergency appointment is an emergency guardian ad litem or conservator ad litem for a specified period not to exceed 90 days; the court must hold a hearing within five business days of filing unless good cause is shown, and any extension requires a hearing and a showing of continuing emergency need and is limited to 90 days each (RSMo § 475.075.15).

Can a ward in Missouri keep the right to vote?

Every appointment order must state whether the respondent retains the right to vote, to drive if able to pass the driving test, and to marry (RSMo § 475.075), and the court may expressly order that a ward keeps the right to vote even if otherwise totally incapacitated (§ 475.078.4).

Does Missouri have a supported decision-making law?

RSMo chapter 475 does not contain a section creating supported decision-making agreements; it names them as one of the less restrictive alternatives a court must consider before appointing a guardian or conservator (§ 475.075.13(4)).

How does a Missouri guardianship end?

A minor's guardianship ends at 18, or earlier if a parent is found fit, suitable and able to resume and termination is in the child's best interest (RSMo § 475.083). An adult ward may petition by informal letter; the court appoints an attorney if the ward has none, the petitioner bears a preponderance burden, and such a petition may not be filed more than once every 180 days (§ 475.083).