Missouri Temporary Guardianship Agreement
Missouri uses a notarized power of attorney for up to one year, without a court order.
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Introduction
Missouri uses a power of attorney delegating parental authority (RSMo 475.602, 475.604) for up to one year, renewed by a new one each year, or active duty plus 30 days for a parent in the Armed Forces. It is not a court guardianship and is revocable anytime.
Key Things to Know
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The Missouri instrument is a power of attorney delegating parental authority to an attorney-in-fact under RSMo 475.602 and 475.604. The parent or legal custodian signs it, and the attorney-in-fact signs it too. The statute prescribes what the form must contain, but no official statewide form is named, so this page's document follows the statutory contents.
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The delegation may not exceed one year. If it lasts longer, the parent or legal custodian must execute a new power of attorney for each additional year. A parent in the Armed Forces on active duty may delegate for the term of active duty service plus 30 days. When a community service program assists, RSMo 475.602.4 says signing the power of attorney is not abandonment or neglect unless the parent fails to take the child back or sign a new one after the one-year limit.
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The form must be witnessed by a notary public. It must give the child's full name and date of birth, the attorney-in-fact's name, signature, address and phone number, the parent's name and signature, one of two statutory statements (all powers, or a listed set of specific powers), and the time period with an acknowledgment that the delegation may be revoked at any time. RSMo 475.604 refers to the parent or legal guardian and leaves open whether one or both parents must sign. The listed form requirements do not include a court filing.
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The powers can include the right to enroll the child in school, inspect and obtain education and other records, and give or withhold consent for school activities, medical and dental treatment. If the child is enrolled in school, the school must be notified and given a copy of the power of attorney and the attorney-in-fact's contact information as soon as reasonably possible. Public school attendance still depends on residency or a waiver of residency. This page does not promise that any school or medical provider must accept the document.
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The delegation cannot include consent to marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of a parent's rights. The attorney-in-fact acts without compensation.
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This is not a court guardianship. It does not change rights set by an existing court order, and it does not deprive the parent of custody, visitation or support rights. The parent or legal custodian may revoke it at any time, and the child is then to be returned to the parent's custody as soon as reasonably possible. The statute sets no relative requirement and no minimum age for the attorney-in-fact.
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If this document does not fit your situation, or a longer or court-backed arrangement is needed, a court route exists: a custodial parent may designate a standby guardian under RSMo 475.046, who must petition for guardianship within 60 days after beginning to act. A court guardianship over a parent's objection is a contested case. See the guardianship of a minor petition page. If a child is in danger, contact the Missouri child protective agency. For disputes between parents, see the child custody agreement and parenting plan pages.
Key decisions before you file
Before you file a Temporary Guardianship Agreement in Missouri, a few decisions shape the document: which option to choose and what each one means. The Temporary Guardianship Agreement guide walks through them.
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Missouri Requirements for Temporary Guardianship Agreement
Notarized Power of Attorney
A parent or legal custodian may delegate powers regarding the care and custody of a child to an attorney-in-fact by a power of attorney witnessed by a notary public (RSMo 475.602.1, 475.604).
One-Year Term
The delegation may not exceed one year, and the parent must execute a new power of attorney for each additional year. A parent in the Armed Forces on active duty may delegate for the term of active duty service plus 30 days (RSMo 475.602.1, .2, .7).
Parent and Attorney-in-Fact Signatures
The form contains the full name and signature of the parent or legal custodian and of the attorney-in-fact, with the attorney-in-fact's address and phone number (RSMo 475.604(3), (4), (5)).
Child and Time Period
The form gives the child's full name and date of birth, and a description of the time of the delegation with an acknowledgment that it may be revoked at any time (RSMo 475.604).
Powers Delegated
The form states either all powers or a listed set of specific powers, which may include school enrollment, education records, and consent for school activities, medical and dental treatment (RSMo 475.604(6)).
Powers That Cannot Be Delegated
The delegation does not include consent to marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or termination of a parent's rights (RSMo 475.604(6)).
School Notice
If the child is enrolled in school, the school must be notified and given a copy of the power of attorney and the attorney-in-fact's contact information as soon as reasonably possible (RSMo 475.602.9).
Revocation at Any Time
The parent or legal custodian may revoke or withdraw the power of attorney at any time, and the child is to be returned to the parents' custody as soon as reasonably possible (RSMo 475.602.2).