HB 1271 -- Guardianship of Minors

Sponsor:  Phillips

This bill allows a seriously ill parent or legal guardian to make
arrangements for the care, custody, and control of minor children
by appointing a standby guardian in the event the parent becomes
mentally or physically incapacitated or dies.  The standby
guardian will temporarily assume the duties as legal guardian
over a minor child to avoid placement of the children in foster
care.  The appointment only becomes effective upon the
disability, incapacitation, or death of an appointing parent or
legal guardian and the filing of an acceptance by the standby
guardian within 30 days of the court's confirmation of the
appointment.

In the event a parent or guardian should become incapacitated or
die, the standby guardian will immediately assume the role of
legal guardian and must notify the court with all the proper
paperwork.  The standby guardian may petition the court for
formal guardianship within 90 days of the death of the appointing
parent or guardian.

A parent's designation of a standby guardian will be considered
the parent's choice for a permanent guardian, notwithstanding a
valid will or any other law to the contrary and will be subject
to the rights of the other parent and the best interests of the
child.  The authority of a standby guardian will not supercede
the parental rights of either parent while they are alive, unless
those rights have been terminated subject to Sections 211.444 and
211.447, RSMo.

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:42 am