Missouri Sample Letter regarding Petition to Appoint Guardian and Issue Letters of Guardianship
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How to fill out Sample Letter Regarding Petition To Appoint Guardian And Issue Letters Of Guardianship?
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FAQ
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.
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.
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.
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.
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 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.
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.
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.
