This law explains who can be put in charge of taking care of a minor child (called a guardian) or managing a child's money (called a conservator). First choice is the child's parent or parents. If there are no living parents and the child is older than 14, the child gets to pick someone. If both parents are dead, someone named in the last parent's will can take the role. If none of those options work out, the court picks whoever is the best fit for the child and can give the child a stable, permanent home. A court can decide someone is unfit for the job after a proper hearing.
475.045. Who may be appointed of . — 1. Except in cases where they fail or refuse to give required or are for the duties of or , or their rights to be appointed, the following persons, if otherwise qualified, shall be appointed as guardians or of minors:
(1) The parent or parents of the minor, except as provided in section 475.030;
(2) If any minor over the age of fourteen years has no qualified parent living, a person by the minor, unless the court finds appointment contrary to the best interests of the minor;
(3) Where both parents of a minor are dead, any person appointed under this section or section 475.046 by the of the last surviving parent, who has not been adjudged unfit or for the duties of guardian or .
2. Unfitness of any of the persons mentioned in 1 for the duties of guardianship or conservatorship may be by the court after due notice and .
3. If no appointment is made under subsection 1 of this section, the court shall appoint as guardian or conservator of a minor the most suitable person who is willing to serve and whose appointment serves the to a stable and permanent placement.
(RSMo 1939 §§ 375, 378, 379, 380, 392, A.L. 1955 p. 385 § 290, A.L. 1983 S.B. 44 & 45, A.L. 2009 H.B. 154)
Prior revisions: 1929 §§ 375, 378, 379, 380, 392; 1919 §§ 371, 374, 375, 376, 388; 1909 §§ 403, 406, 407, 408, 420
appointed as guardian, when, 473.743
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Related Missouri laws
Standby guardian permitted, when
RSMo 475.046
Change of venue
RSMo 475.040
Appointment of guardian or conservator of disabled or incapacitated persons
RSMo 475.050
Venue
RSMo 475.035
Qualifications of guardians or conservators
RSMo 475.055
Application for guardianship
RSMo 475.060
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.