HB 571 -- Standby Guardians

Co-Sponsors:  Pratt, Campbell

This bill adds the term "standby guardian" to the existing
definition of guardian.  A standby guardian is defined as an
individual who is approved by the court to temporarily assume the
duties of guardian to a minor child.  The bill also makes changes
to the list of individuals qualified to serve as guardians or
conservators of a minor child.  Currently, when both parents of a
minor child are deceased, the court looks to the last surviving
parent's will to determine who should be appointed as guardian or
conservator of the minor child.  The bill allows the court to
consider any individual appointed by an appointing parent in a
will or another signed writing.

The bill allows an appointing parent or another interested party
to petition the court to confirm the parent's selection of a
standby guardian and terminate the right of other individuals to
object to the appointment of that individual as guardian.  The
appointment of a standby guardian becomes effective upon the
disability, incapacitation, or death of the appointing parent.
The standby guardian becomes eligible to act on behalf of the
minor child when he or she files an acceptance of appointment,
which must be done within 30 days of the court's confirmation of
the standby guardian.  The bill specifies where the standby
guardian must file an acceptance of appointment and the notice
the standby guardian must provide.  The bill also allows a minor
child who is at least 14 years of age and who is the subject of
an appointment, the other parent, or another person who has care
and custody of the minor to file a written objection to the
appointment of the standby guardian.

Missouri House of Representatives
Last Updated July 25, 2003 at 10:12 am