Missouri Guardianship of a Minor Petition

Introduction

Key Things to Know

1. 1

   File a Petition for Appointment of Guardian and/or Conservator of a Minor in the Probate Division of the Circuit Court for the county of proper venue, under RSMo Chapter 475. Missouri has no single statewide mandatory form; St. Louis County uses local Form No. G10, and other circuits maintain their own local petition packets.

2. 2

   The chapter 475 mechanism for interim relief that names a minor is a guardian or conservator ad litem under section 475.097, available only where an existing natural or appointed guardian, such as a parent, is not effectively performing duties and the minor's welfare requires immediate action, limited to the period before the hearing or a specified period not to exceed six months. The separate 90-day emergency track in section 475.075 applies only to petitions filed on grounds other than minority.

3. 3

   Notice of the petition goes to the minor if over 14, with personal service required if it can be had, both parents, the minor's spouse if any, and anyone nominated as guardian or conservator, unless that person signed the petition or waived notice. No statute requires a minor's affirmative consent to the guardianship.

4. 4

   Parents have first priority for appointment. A non-parent guardian of the person may be appointed only if the minor has no living parent, the parent or parents are unwilling, unable, or adjudged unfit to assume the duties of guardianship, or a juvenile court has already ended the parent's legal relationship to the child under chapter 211.

5. 5

   Nearly every petitioner who is not the minor's spouse, parent, or an adult child or sibling must submit to a background screening, at their own expense, covering state disqualification lists, the abuse and neglect registries, a criminal record review, and the sex offender registry, filed at least 10 days before the hearing; the judge may not sign the appointment order until it is filed and reviewed. The court may waive or modify the requirement for good cause shown by an affidavit filed with the petition, or when an expedited hearing is requested.

6. 6

   A minor's guardianship petition gets none of the court-appointed attorney, jury-trial right, or clear-and-convincing evidentiary standard that Missouri law gives an incapacitated-adult guardianship, because that package applies only to petitions filed on grounds other than minority. No mandatory guardian-training course applies either.

7. 7

   A guardian or conservator of the estate must furnish a court-approved bond before entering on the duties of office, though the court may excuse it for good cause shown. This guardianship does not terminate a parent's legal rights and is not adoption; a parent may later petition to end it if the court finds the parent fit, suitable, and able to resume the duties of guardianship and that ending it is in the child's best interest. A parent who needs only short-term authority, such as for school enrollment or medical consent, can instead sign a notarized power of attorney delegation under RSMo sections 475.600 to 475.610, for up to one year at a time, without going to court.

Missouri Requirements for Guardianship of a Minor Petition

• No Statewide Mandatory Petition Form

  Missouri has no single statewide mandatory petition form for guardianship of a minor. St. Louis County's Probate Division publishes a local packet, Form No. G10, and other circuits, including Boone and Callaway County's 13th Circuit and Greene County's 31st Circuit, maintain their own local forms.

• Probate Division of the Circuit Court Has Venue

  A Missouri guardianship of a minor petition is filed in the Probate Division of the Circuit Court in the county of proper venue for the minor, under RSMo Chapter 475.

• Mandatory Background Screening Reaching Non-Exempt Relatives

  Nearly every petitioner who is not the minor's spouse, parent, or an adult child or sibling must submit to a background screening at their own expense, filed at least 10 days before the hearing; the judge may not sign the appointment order until the reports are filed and reviewed, unless the court waives or modifies the requirement for good cause shown by affidavit or on an expedited-hearing request (RSMo section 475.050.4, .6).

• Guardian or Conservator Ad Litem Capped at Six Months

  The chapter 475 mechanism for interim guardian relief that names a minor is a guardian or conservator ad litem under section 475.097, available only where an existing natural or appointed guardian, such as a parent, is not effectively performing duties and the minor's welfare requires immediate action, limited to the period before the hearing or a specified period not to exceed six months.

• Personal Service and Nomination Right at Age 14

  Notice must be personally served on the minor if over 14, if it can be had, and a minor over 14 with no qualified living parent may nominate their own guardian (RSMo section 475.070.1-.2; section 475.045.1).

• Parental Priority and Unfitness Standard for Non-Parent Guardian

  Parents have first priority for appointment. A non-parent guardian of the person may be appointed only if the minor has no living parent, the parent or parents are unwilling, unable, or adjudged unfit, or a juvenile court has already ended the parent's legal relationship to the child under chapter 211 (RSMo section 475.030.4; section 475.045.1).

• Bond Required for Conservatorship of the Estate

  A conservator of the estate must furnish a court-approved bond before entering on the duties of office, though the court may excuse the bond entirely for good cause shown (RSMo section 475.100; section 473.160.4).

• Guardianship Does Not Terminate Parental Rights

  A Missouri guardianship does not end a parent's legal rights and is not adoption; a parent may later petition to end it if the court finds the parent fit, suitable, and able to resume the duties of guardianship and that ending it is in the minor's best interest (RSMo section 475.083.2(3)).