In Missouri, a guardian doesn’t “save the galaxy”, but plays an important role nevertheless. A guardian is appointed by the court to be responsible for someone who is unable to take responsibility for themselves. The person for whom guardianship is sought is called the “ward”. A ward may be either a minor child under the age of 18, or an adult. Guardianship is established by formal court petition. The petition is filed with the Probate Division of the Circuit Court: (1) in the county where the ward has his or her official residence, or (2) if the ward has no official residence, the county in which the ward actually lives or has property. A guardian is necessary if the ward cannot take care of himself or herself or is incompetent to make decisions.

Powers and Duties of Guardians

Some of the general powers and duties of a guardian include providing for the ward’s:

• living arrangements
• medical treatment
• education
• other general support and maintenance

A guardian generally is not responsible to provide for the financial support of an adult ward. This may not be true if the ward is a minor child without financial resources. A guardian has the legal power to decide where the ward lives and the level of medical care and attention required.
Missouri law appoints blood relatives as guardians whenever possible. Missouri law establishes a “preference” for who can serve as a guardian. The court will first consider:

• A person designated by the ward or by the deceased parents of a minor child;
• A person previously named as an attorney-in-fact in a Power of Attorney executed by the ward when the ward was not incapacitated;
• A relative of the ward; and then,
• Any other suitable person, including the County Public Administrator.

Parents are the guardians of their minor children unless the parents are deceased, refuse to serve, or are determined by the court to be unfit to serve. A parent may designate a guardian in their will. This is the main reason young couples should absolutely have a will. The court must still hold a hearing to determine if the designated person is capable of performing the duties of a guardian for the minor child.
Missouri law provides safeguards to prevent the abuse of power by a guardian. State law requires guardians to file a written report with the Probate Court at least annually concerning the status of the ward. The Probate Judge can also order a review at any time the judge sees a need for it. This requirement gives the judge an opportunity to review the necessity of continuing with the guardianship.

Removal of a Guardian

The Probate Court may remove a guardian, if the guardian:

• Becomes mentally incapacitated;
• Is convicted of a felony; or
• Becomes unable to fulfill their duties.

If you need more information on guardianship, the attorneys of Kennedy, Kennedy, Robbins, & Yarbro, LC will be happy to assist you. Please contact us or call us at (573)686-2459 to discuss your questions.