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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.
The Guardians' Right to Restrict Visitation/Contact with Adults. If there is a guardian over an adult, the guardian does have the ability to restrict other people's contact with the protected person in limited circumstances.
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.
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 question is ?when can a child legally refuse visitation??, the short answer is ?never.? Missouri law does not provide a procedure for a child to decline parenting time. That said, situations may occur when it would not be in a child's best interests to have visitation with a parent.
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.
Legal guardians have the same rights as biological parents, but a legal guardian is not always a child's mother or father and may or may not be related to a child by blood. For example, a grandparent might be appointed a child's legal guardian if for some reason a child's mother and father cannot care for a child.
After the court has heard medical testimony and other reliable evidence, it may declare a person to be ?incapacitated? and appoint a guardian to make decisions on the person's behalf. This determination of incapacity and the appointment of a guardian may take specific rights from the person.