Missouri Nomination or Selection of Guardian by Minor

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Multi-State
Control #:
US-03327BG
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Word; 
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Description

In most jurisdictions, a minor, on reaching a certain age, which was 14 years at common law, may choose his or her own guardian, conditioned on the guardian's posting of a bond and subject to confirmation by the court. The authorities are not in agreement as to whether a minor's right to select a guardian may be exercised for the purpose of superseding a guardian previously appointed. Where a minor is not of sufficient age to have an unqualified right to select a guardian, it is usual for the court to ascertain the preference of the minor if the minor is of an age to exercise an intelligent choice.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Guardian ? A person appointed by the court to care for and have the custody of a minor or incapacitated person (a person judged to be unable to receive or communicate information). A limited guardian is a person whose powers as guardian are limited by the court to certain functions.

In Missouri, Guardianship begins with a Petition to the probate court. This Petition states that a person needs a guardianship. Anyone can file the Petition. The court will then have to decide whether that person can make decisions for themselves. Guardianship in Missouri - Missouri Protection and Advocacy Services moadvocacy.org ? resources ? guardianship moadvocacy.org ? resources ? guardianship

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.

If the court 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.

? 1. 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. 2. A guardian or limited guardian of an incapacitated person shall act in the best interest of the ward. Revised Statutes of Missouri, RSMo Section 475.120 - MO.gov mo.gov ? main ? OneSection mo.gov ? main ? OneSection

The fact that the child has a guardian does not mean the parent has no rights. Parental rights usually include the option to spend time with the child, as well as the authority to make major decisions and sign contracts for the child. Having a guardian does not generally change this. Does guardianship override parental rights? - Custody X Change custodyxchange.com ? topics ? legal-concepts custodyxchange.com ? topics ? legal-concepts

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, act on the adult ward's own behalf, and develop or regain the capacity to manage the adult ward's personal affairs.

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. An Overview of Legal Guardianship in Missouri Marler Law Partners ? family-law ? an-overv... Marler Law Partners ? family-law ? an-overv...

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Missouri Nomination or Selection of Guardian by Minor