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The person who wants to be a guardian or conservator must apply to the Probate Court to attain that position. The Probate Judge must then appoint an attorney to represent the person over whom guardianship or conservatorship is being sought.
The youngster can be put in the household of another family member if one is available. Most of the time, temporary emergency custody placements take place without an urgent court order. However, without a court hearing and assessment of the circumstances, this placement cannot last more than 24 hours.
In Missouri, orders of guardianship are entered by the Probate Court. Guardianship requires the caretaker to assume a high level of responsibility and authority over the child. Once guardianship is awarded by the probate court, the Division's legal responsibility for case management services is terminated.
These can be as short as a few days or few weeks to allow parents to take a vacation or can be longer to allow a caretaker to assist a parent in caring for a child. In Missouri, a delegation to an attorney in fact regarding the care and custody of a child can last up to one year and may be renewed each year.
Missouri law allows parents to nominate a guardian to take care of their child even when they are alive. Such a circumstance could occur if the parents are unable to take care of their child, for instance due to being extremely ill. However, such a guardianship cannot last for more than a year.