MO risk area
Guardianship risk in Missouri
How courts appoint guardians for minors when no plan is in place.
Missouri gives priority to parents for guardianship of minors; minors 14 or older may nominate a guardian, and parental nominees by will have priority if both parents are deceased.
At a glance
Key takeaways
- Parents are first in priority for appointment unless unfit or waived.
- If no qualified parent is living, a minor over age 14 may nominate a guardian unless contrary to best interests.
- A guardian named by the will of the last surviving parent has priority if both parents are deceased.
- Older minors may nominate a guardian, subject to court approval.
Questions to consider
Questions this risk area helps you evaluate in Missouri
- What happens to minor children immediately after a death?
- How does the court choose a guardian?
- How long can the guardianship process take?
State overview
Missouri gives priority to parents for guardianship of minors; minors 14 or older may nominate a guardian, and parental nominees by will have priority if both parents are deceased.
- Parents are first in priority for appointment unless unfit or waived.
- If no qualified parent is living, a minor over age 14 may nominate a guardian unless contrary to best interests.
- A guardian named by the will of the last surviving parent has priority if both parents are deceased.
- Older minors may nominate a guardian, subject to court approval.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
- Courts rely on best-interest findings when appointing a guardian.
Sources
Risk sources
- Uniform Probate Code (2019) - Protection of persons under disability
Article V provides model guardianship and conservatorship rules.
- Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA)
Modern standards for guardianships and protective arrangements.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Interstate jurisdiction and transfer rules for guardianships.
National sources provide baseline context; state statutes and court rules control in Missouri.