Missouri Guardianship Questionnaire

State:
Multi-State
Control #:
US-Q1017
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a guardianship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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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.

Any corporation authorized to do business in Missouri, which is empowered by its charter to act as conservator of an estate, or any national banking association may be appointed by the court as conservator of the estate of a minor or disabled person. A corporation may not serve as guardian of an individual [475.055.

Court costs, which include filing fees, service fees, and fees for letters of guardianship, can also quickly reach in excess of $1,000. Also, every guardianship requires that an attorney ad litem be appointed by the court to protect the interests of the ward.

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.

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.

The court shall not appoint an unrelated third party as a guardian or conservator unless there is no relative suitable and willing to serve or if the appointment of a relative or nominee is otherwise contrary to the best interests of the incapacitated or disabled person.

Except as otherwise limited by the court, a guardian shall make decisions regarding the adult ward's support, care, education, health, and welfare.

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.

475.030. Letters of guardianship and conservatorship issued, when. ? 1. Letters of guardianship of the person may be granted for any person adjudged incapacitated.

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.

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Missouri Guardianship Questionnaire