Missouri Temporary Guardianship Explained
A temporary guardianship is a legal relationship in which a guardian is given the authority to care for a child’s physical person in Missouri. The general purpose of temporary guardianship is to provide an alternative for parents who cannot or choose not to care for their children. It is simply an agreement between persons having an interest in the child’s welfare that temporary custody of the child shall lie with someone other than the child’s parents. This may be established under Missouri law when the parents are disabled, missing, dead, demented, incompetent to care for the child or otherwise unable to do so.
Missouri recognizes two types of guardians: standby and temporary. A temporary guardian is appointed by the Juvenile Court of the Circuit Court of the County in which the child resides. A temporary guardian may, by designation, be given all or any part of the power and authority of a parent and the court may award other powers and duties not expressly authorized by statute . A person seeking appointment as a temporary guardian must submit evidence that it is in the best interest of the child to appoint a temporary guardian. A temporary guardian holds office until the designation expires or until the child reaches age 18. When the child is returned to the parents or guardian of the person, or when the child comes into the care and custody of the State, the guardian shall surrender the care and custody of the child. The guardian shall report to the court regarding the condition of the child at such times as the court directs. A guardian shall not have the authority to consent to the adoption of the child, to place the child for adoption or to consent to any treatment programme involving use of psychotropic medication but may otherwise make decisions for the child’s medical care.
How to Get a Missouri Temporary Guardianship Form
The first step in obtaining a Missouri Temporary Guardianship Form is to determine where the guardianship will take place. In most cases, this will be in the same court as where the minor child resides. The Missouri Temporary Guardianship Form is usually available directly from the court’s website. A guardian may also be able to obtain the form from a guardianship packet that the court provides. It may also be possible to fill out the necessary form online. Once the specific form is identified, the second step is to complete the form. If information is missing from the proposed temporary guardian, the court staff may request that the form be completed.
Some forms may not be able to be filled out completely by the proposed guardian. Instead, the proposed guardian will be required to provide some materials including a supplemental statement to submit the document. The proposed guardian may also be asked specifically about where the minor child goes to school and where they receive medical care.
The guardian should be ready to provide documentation such as: These documents should be collected and prepared so that the proposed guardian can submit the application. Some forms may be available through a mobile app. There may also be an option to apply for the form online. The proposed guardian should call the appropriate court or review its website for specific instructions.
The proposed guardian should file the completed Temporary Guardianship Form in the court located in the county where the guardian plans on living. If the minor child already resides somewhere other than that county, the guardian should ask the court if an exception can be made. If that exception is not made, the proposed guardian will need to file the Temporary Guardianship Form with the court located where the minor child resides.
If the court chooses to appoint the proposed guardian, it will issue a temporary order. The proposed guardian should be prepared to have a hearing. At the hearing, the proposed guardian should be prepared to bring a list of all of the household members who may be in the home. If the proposed guardian has any questions about what information is required at the hearing, the proposed guardian can contact the Court prior to the hearing date.
Once the judge issues a temporary order appointing the proposed guardian as the temporary guardian of the minor child, the proposed guardian will be given a form that is stamped by the court. The proposed guardian should keep this form in a safe place until the date of the next hearing. At the next hearing, the proposed guardian will be required to bring all documentation with them to the hearing.
Once the proposed guardian becomes the temporary guardian for a minor child and receives the temporary order, the proposed guardian can speak to the minor child’s school, teachers, and doctors. The temporary order from the court specifically gives the temporary guardian the legal right to enroll the minor child in a school.
If the proposed guardian has any questions or concerns about how to fill out the Missouri Temporary Guardianship Form, the proposed guardian should reach out to the appropriate court for instructions. The proposed guardian may also learn more about filling out the Temporary Guardianship Form by contacting a Missouri guardianship lawyer.
Filling Out the Missouri Temporary Guardianship Form
A critical component of the Missouri guardianship process is a document called a "temporary guardianship." Put simply, this document serves as a stop-gap measure for individuals unable to care for themselves or their property. It allows them to designate a guardian for a temporary period of time.
The temporary guardianship document is officially called a "Statement of Temporary Guardianship Prior to Hearing" within the Missouri Probate Court system. In this section, we will discuss how to properly complete the Missouri temporary guardianship form.
Essentially, this form can be divided into five parts: Part I – at this point the person seeking a temporary guardian is supposed to describe the person they want to have appointed. If that person does not live in their home then problems may arise in the future. For example, guardianship orders can easily be challenged at a later date if the person who has been appointed guardian was not living in the home. The appointed individual must have had some level of trust with the person prior to them becoming incapacitated. Therefore when filling out this portion of the document the words "son" or "daughter" should never be used. The forms states "spouse or relative," but as a practical matter, it can be used by just putting "relative" or "close friend."
Part II – here basic information about the alleged incapacitated person is to be filled out. This is fairly straight forward except for one item. In most cases, this person will not have had any counsel. However, it is important that their Social Security Number and Driver’s License Number be filled in.
Part III – this section requires information about the person who is seeking the appointment of a guardian. This is fairly straight forward and should not cause any issues.
Part IV – this part of the form is where the information about the person who is going to act as the temporary guardian is put. Again, this is fairly straight forward. The one item that could be a source of confusion is that there must be a $25.00 filing fee when the Temporary Guardianship is Clerks’s Fee. Additionally, the potential Temporary Guardian must sign the back of this form.
Part V – this is where the person who is seeking an appointment of a temporary guardianship awards the Judge full power of attorney concerning temporary powers over the other individual.
Legal Standards and Considerations
The legal requirements for obtaining a temporary guardianship in the State of Missouri are outlined by statute. In Missouri, the Missouri Statute 475.120 lists the following requirements that have to be met prior to access granted by the Probate Court for a temporary guardianship to be established: A. That there has been substantial and good faith efforts by the movant to give actual notice of the hearing on the petition for the appointment of a temporary guardian. If required, notice shall be provided to both parents of the child for which the guardianship is sought. The court shall state in the notice the time within which written opposition to the petition is required. B. The petition describes the nature of the incapacity upon which the need for a temporary guardian is based, and whether there are any powers that will not be granted to the temporary guardian. C. There is no person of suitable age and condition to act and no procedure in the State in which a petition is pending nor other means by which the alleged incapacitated person can be protected ; or there is an immediate danger to the health, safety, or finances of the alleged incapacitated person requiring a temporary guardian. D. The guardianship sought imposes only those restrictions that are necessary, and that the extent of the authority of the person is no more than is necessary to protect the incapacitated person. E. There is no other pending petition for the appointment of a guardian of the person or property or both of the incapacitated person. All of the above points have to be satisfied by the petitioning party, generally a parent, to the Probate Court for the issuance of a temporary guardianship. If granted, the temporary guardianship lasts for a period of sixty days or until the permanent appointment of a guardian of an incapacitated person is made by the Probate Court, whichever is shorter.
How Long Does a Temporary Guardianship Last?
The duration of a temporary guardianship is not dictated by law, but is instead left to the discretion of the Court. Under Missouri Supreme Court Rule 100, there is no provision for a hearing on the temporary guardianship; instead, the order is handled ex parte and will remain in effect until the earlier of: A temporary guardianship typically ends automatically at least (but not limited to) when any of the following events occur: If any of those events occur before a Court hearing is held on the underlying guardianship, the temporary guardianship will continue in place until the Court has ruled that there is cause to terminate it . If a temporary guardianship needs to be extended beyond the 30 days or made permanent before a hearing is scheduled, the petitioner must file an application to do so and attend an ex parte hearing to get permission from the Court to extend or make the temporary guardianship into a permanent one. No notice is given to the other parties, because the hearing is held ex parte.
Common Situations for Temporary Guardianship
There are many instances where the Missouri Temporary Guardianship Form can be utilized, including but not limited to the following:
- Medical Emergency – If a medical emergency occurs requiring hospitalization, the parent may not be available to grant treatment authority. A temporary guardianship would give the guardian full authority to make medical decisions and sign consents on behalf of the incapacitated child while the parent is unavailable.
- Military Deployment – If a parent is deployed and the parent cannot provide adequate notice to obtain a statutory power of attorney for care of a child, a temporary guardianship would provide full authority to the guardian to care for the child until the deployment ends or the guardian is relieved by the court.
- Travel – If the parents would like to travel abroad for an extended period and a statutory power of attorney for care of a child is not possible, a temporary guardianship can be filed, with the approval of the circuit court, abandoning the need for a statutory power of attorney.
Getting Help from an Attorney
As with any legal process, particularly one as complex as establishing a guardianship, seeking legal advice is highly recommended to ensure that the OCG forms are completed correctly and appropriately. If you have further questions about OCGs or how to use the OCG Temporary Guardianship Form in Missouri, consider reaching out to organizations that specialize in legal aid.
Legal Services of Eastern Missouri, a nonprofit organization, provides legal assistance to low-income residents of eastern Missouri. Their services include providing answers to frequently asked questions, offering advice on specific legal problems, and, in some cases, representation in court . They can be reached at 800-444-0511 or at 721 Olive Street, Saint Louis in St. Louis County.
Legal Aid of Western Missouri, another nonprofit, offers similar services to those provided by Legal Services of Eastern Missouri but in western Missouri. The organization provides low-income residents of western Missouri with answers to common legal problems, brief services for representation in court, and more. They can be reached at 800-892-4785 or at 613 G S. Main, Suite B, Joplin in Jasper County.
For specific questions about family law, it can be helpful to consult a family law attorney in your area who may be willing to provide you with brief advice and/or offer you a consultation.