5 Steps To Complete Temporary Guardianship Form Missouri

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Temporary guardianship is a crucial step in ensuring the well-being and safety of a minor child or an incapacitated adult when their parents or primary caregivers are unable to care for them. In the state of Missouri, the process of establishing temporary guardianship involves filing a petition with the court and providing necessary documentation. In this article, we will guide you through the 5 steps to complete the temporary guardianship form in Missouri.

Understanding Temporary Guardianship in Missouri

Temporary guardianship in Missouri is a court-ordered arrangement that grants an individual or entity the authority to make decisions on behalf of a minor child or an incapacitated adult for a specific period. This type of guardianship is usually granted when the parents or primary caregivers are unable to provide care due to illness, injury, or other circumstances.

When is Temporary Guardianship Necessary?

Temporary guardianship may be necessary in situations where:

• A minor child's parents are unable to care for them due to illness, injury, or incarceration.
• An incapacitated adult requires assistance with daily living tasks and decision-making.
• A child or adult is in danger of abuse or neglect.

Step 1: Determine the Type of Guardianship

In Missouri, there are two types of temporary guardianship:

• Temporary guardianship of the person: This type of guardianship grants the authority to make decisions regarding the child's or adult's personal care, including medical decisions and daily living arrangements.
• Temporary guardianship of the estate: This type of guardianship grants the authority to manage the child's or adult's financial affairs, including property and assets.

Identifying the Appropriate Type of Guardianship

To determine the type of guardianship needed, consider the following:

• If the child or adult requires assistance with daily living tasks and decision-making, temporary guardianship of the person may be necessary.
• If the child or adult requires assistance with managing their financial affairs, temporary guardianship of the estate may be necessary.

Step 2: Meet the Eligibility Requirements

To be eligible to file for temporary guardianship in Missouri, the petitioner must:

• Be at least 18 years old
• Be a resident of Missouri
• Be of sound mind and capable of managing the child's or adult's affairs
• Not have been convicted of a felony or a misdemeanor involving moral turpitude

Additional Requirements

In addition to the above requirements, the petitioner must also:

• Provide proof of identity and residency
• Complete a background check
• Attend a court-appointed orientation program

Step 3: Complete the Temporary Guardianship Form

The temporary guardianship form in Missouri is a court-provided document that must be completed and filed with the court. The form requires the following information:

• The child's or adult's name and date of birth
• The petitioner's name and contact information
• The reason for the temporary guardianship
• The type of guardianship requested

Additional Documentation

In addition to the temporary guardianship form, the petitioner must also provide:

• Proof of the child's or adult's incapacity or need for guardianship
• A copy of the child's or adult's birth certificate
• A copy of the petitioner's identification and proof of residency

Step 4: File the Temporary Guardianship Form

Once the temporary guardianship form is completed, it must be filed with the circuit court in the county where the child or adult resides. The filing fee for the petition is currently $200.

Serving the Notice

After filing the petition, the petitioner must serve notice to the child's or adult's parents or other interested parties. The notice must be served at least 10 days prior to the hearing date.

Step 5: Attend the Hearing

The final step in the temporary guardianship process is attending the hearing. At the hearing, the court will review the petition and make a determination regarding the temporary guardianship.

What to Expect at the Hearing

At the hearing, the petitioner should be prepared to:

• Testify regarding the need for temporary guardianship
• Provide additional documentation or evidence
• Answer questions from the court

By following these 5 steps, you can complete the temporary guardianship form in Missouri and take the necessary steps to ensure the well-being and safety of a minor child or an incapacitated adult. Remember to seek the advice of an attorney if you have any questions or concerns throughout the process.