Section 15.4 Necessity of Guardianships or Conservatorships

• Library: Estate Administration 2014 Supp

III. (§15.4) Necessity of Guardianships or Conservatorships

When an individual is under the age of 18 years and the individual’s natural parents are (1) deceased, (2) unwilling, unable, or have been adjudicated unfit to serve, or (3) have had their paternal rights terminated, a guardian must be appointed. Section 475.030.4, RSMo 2000. Natural parents are granted rights as natural guardians of their children, and they are presumed to be the best guardians for their own children. Section 475.025, RSMo 2000. There appears to be no “best interest” standard for determining that a guardianship or conservatorship is necessary. The best interest standard would apply to the choice of guardian or conservator. Contrast this with custody proceedings under Chapter 452, RSMo, and termination of parental rights proceedings under Chapter 210, RSMo, both...