This fact sheet defines the provisions of most standby guardian laws. Additionally, it broadly defines: how to establish a standby guardian, who can nominate a standby guardian, how the guardian s authority is activated, the involvement of the non-custodial parent, the relationship between authority of the parent and the standby, and withdrawing guardianship.
Missouri Standby Guardianship Guide
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Multi-State
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US-ADOP6
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FAQ
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.
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.
Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.
A guardian is appointed by the Circuit Court's Probate Division to have the care and custody of a minor or of a person found to be incapacitated. The guardian of an adult is not responsible for the financial care of his/her ?ward? (§475.010(8), RSMo). A conservator is appointed by the Circuit Court's Probate Division.
If the petition for guardianship is not opposed, you can generally get through the process within 60 to 90 days; however, even an unopposed petition can run into obstacles that lengthen the time table. If someone files an objection, the issue must be litigated, meaning it could take considerably longer than 60-90 days.
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.
Public Guardian Salary in Missouri Annual SalaryMonthly PayTop Earners$71,288$5,94075th Percentile$68,000$5,666Average$58,661$4,88825th Percentile$58,200$4,850
