Section 15.9 Standby Guardian

• Library: Estate Administration 2014 Supp

VI. (§15.9) Standby Guardian

House Bill 154, 95^th General Assembly, 1^st Regular Session (Mo. 2009), inserted a new provision concerning “standby” guardians. Section 475.046, RSMo. Corresponding changes were made to the definitions in § 475.010, RSMo, and to the form in § 475.105. H.B. 154.

Under normal circumstances, it could take at least 30 to 60 days to get a guardian appointed. Section 475.046 allows a custodial parent to appoint a person to step in and take care of a minor (or incapacitated person for which the ill or deceased parent is guardian) without delay should the custodial parent die or become incapacitated. It should be noted that a custodial parent is also defined as a parent of an incapacitated person and who is legal guardian of such person. Section 475.010(4). With the standby guardian process, upon such events occurring, a person can assume the duties of standby guardian immediately, pending further court action. Section 475.046 addresses the need for the appointment of a standby guardian for an incapacitated person as well as a minor, but the discussion here centers on the needs of a minor.

It is the custodial parent that is able to appoint a standby guardian. Section 475.046.1. (The issue of a surviving noncustodial parent is discussed below.) The appointment is made by a will or a separate instrument that is dated, signed, and acknowledged by the custodial parent or signed and witnessed by two disinterested witnesses. Id. It is assumed...