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The person who wants to be the new guardian would file a Petition for Appointment of Successor/Co-Guardian. The guardian can voluntarily resign if they no longer want to be the guardian. The court will have to choose a replacement guardian, and may appoint the public guardian if no one else is willing to be appointed.
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.
Custody is determined in Family Court. Guardianship is a court-ordered relationship where an adult is appointed by the court to care for a minor child ("ward") whose circumstances require it, and to make decisions about the child's education, support and maintenance.
In order to be appointed as a Guardian and/or Conservator the process is started by filing a Petition with the Probate Court for the County in which minor or incapacitated/disabled adult is domiciled, or in the case of an emergency, filing a Petition with the Probate Court for the County in which the minor or ...
To end a Guardianship, a Ward submits a Petition to the court. The court often requires medical evidence that the Ward can make their own decisions. Sometimes other people will also give evidence that the Ward can make their own decisions.
Though not always absolutely necessary, a person applying for guardianship or conservatorship is probably well advised to do so with the assistance of an attorney.
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.
But the court has to consider alternatives before placing that person in a Guardianship. This includes Power of Attorney, Supported Decision Making, and Limited Guardianship.