Guardianship of a Child or Adult in Missouri

Letters of guardianship of a minor's person may be granted when the child has no living parent, when the parents (or surviving parent) are unwilling, unable or adjudged unfit to serve, or when parental rights have been terminated. Parents have first priority unless unfit or unwilling; a minor over 14 with no qualified parent may nominate a guardian; and a guardian named in the last surviving parent's will is appointed. Otherwise the court appoints the most suitable willing person whose appointment serves the child's best interest in a stable, permanent placement.

A guardian may be appointed for a person adjudged incapacitated: someone who, even with appropriate services and assistive technology, cannot receive and evaluate information or communicate decisions well enough to manage essential needs for food, clothing, shelter, safety or other care, so that serious injury or illness is likely. The court appoints an attorney for the respondent, who has rights including a jury trial and to be present, and the petitioner must prove incapacity by clear and convincing evidence. Before appointing a guardian, the court must consider less restrictive alternatives, including a durable power of attorney, a trust, a representative payee, supported decision-making agreements, assistive technology, or a limited guardianship, and must apply the least restrictive alternative.