Legal Guardianships

Missouri Guardianship Cases

Minor Guardianships

In Missouri the Probate Court may appoint a Guardian for minor children when their natural parents are unfit, unable or unwilling to serve as parents. Often a grandparents or another family member will petition the court to appoint them as a legal guardian for the minor child or children. In Juvenile Court, foster parents may petition the court to be appointed guardian when the Missouri Children’s Division recommends the guardianship as an outcome for the minor in a juvenile abuse or neglect case.

Adult Guardianships

If an adult with disability is unable to meet their basic needs for food, shelter and medical care without support, and if the adult is unable to manage their finances without support, the Probate Court may appoint a guardian and/or conservator for the adult. The party who petitions the Court for guardianship must file an affidavit from a medical professional indicating that it is his or her belief that their patient is in need of a guardianship.

When a guardianship is necessary for an adult, family members or interested parties may file a petition with the Probate Court, asking to be appointed as guardian and conservator for the adult with special needs. If the court appoints a guardian, the guardian will have the responsibility of making major decisions for the ward. These decisions include the choice of housing, choice of activities for the ward and the choice of doctor and other caregivers. The role of the guardian is similar to the role of a parent. The guardian has the responsibility to consult with the ward about decisions whenever possible, and she shall choose the least restrictive environment for their ward. When the ward has assets, the court will appoint a conservator to manage the funds for the ward.