PETITION FOR APPOINTMENT OF GUARDIAN
(Missouri Probate Division)
[// GUIDANCE: This template is intended for use in the Probate Division of the Circuit Court of the State of Missouri and is drafted to comply with Chapter 475, RSMo. Customize all bracketed fields, attach required exhibits, and review local court rules.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Allegations & Requests for Relief
- Representations & Warranties of Petitioner
- Covenants & Fiduciary Commitments of Proposed Guardian
- Removal, Default & Remedies
- Risk Allocation (Bond & Indemnification)
- Jurisdiction, Venue & Ancillary Relief
- General Provisions
- Execution, Verification & Acceptance
1. DOCUMENT HEADER
IN THE CIRCUIT COURT OF [COUNTY] COUNTY, MISSOURI
PROBATE DIVISION
Case No.: ____
In the Matter of:
[FULL LEGAL NAME OF PROPOSED WARD],
a [☐ Minor / ☐ Alleged Incapacitated Adult]
PETITION FOR APPOINTMENT OF GUARDIAN
(§ Chapter 475, Revised Statutes of Missouri)
Comes now [FULL LEGAL NAME OF PETITIONER] (“Petitioner”), by and through undersigned counsel, and petitions this Honorable Court for the appointment of [FULL LEGAL NAME OF PROPOSED GUARDIAN] (“Proposed Guardian”) as [☐ Limited / ☐ Plenary] Guardian of [Proposed Ward], and in support states as follows:
Effective Date of Guardianship Sought: Upon entry of the Court’s Letters of Guardianship.
Governing Law: State guardianship law (Chapter 475, RSMo).
Forum Selection: This Probate Division.
Arbitration: Not applicable.
Jury Waiver: Jury trial unavailable in probate guardianship proceedings.
Requested Injunctive/Protective Orders: As set forth herein.
2. DEFINITIONS
For purposes of this Petition, capitalized terms have the meanings set forth below:
“Bond Requirement” means the fiduciary bond, if any, required by this Court pursuant to Chapter 475, RSMo, and Supreme Court Rule 86.
“Court” means the Probate Division of the Circuit Court of [County] County, Missouri.
“Guardian” means the individual appointed by this Court to exercise powers over the person of the Ward.
“Ward” means the individual for whom a guardian is sought and who is the subject of these proceedings.
“Annual Report” means the yearly personal well-being report required by § Chapter 475, RSMo, and any local rule.
3. OPERATIVE ALLEGATIONS & REQUESTS FOR RELIEF
3.1 Identity of Ward.
a. Name: [Full Name]
b. Date of Birth: [MM/DD/YYYY]
c. Current Residence: [Full Address] (☐ Private residence / ☐ Facility)
d. Jurisdictional Establishment: The Ward has been domiciled and physically present in [County] County, Missouri for at least six (6) months immediately preceding the filing of this Petition.
3.2 Basis for Guardianship.
a. Minor: The Ward is under eighteen (18) years of age and has no living parent willing or able to exercise care, custody, and control.
b. Incapacitated Adult: The Ward is unable, by reason of [mental and/or physical] incapacity, to receive and evaluate information or communicate decisions to such an extent that he/she lacks the capacity to meet essential requirements for food, clothing, shelter, safety, or medical care.
3.3 Less Restrictive Alternatives Considered. Petitioner has evaluated and determined that alternatives such as powers of attorney, representative payee arrangements, and supported-decision making are insufficient to protect the Ward’s welfare.
3.4 Proposed Guardian.
a. Name: [Full Name]
b. Relationship to Ward: [Relationship]
c. Address: [Full Address]
d. Qualifications: Over 21, resident of Missouri, no disqualifying felony convictions, and willing to accept fiduciary duties.
3.5 Bond. Petitioner requests that bond be [☐ waived / ☐ set in the amount of $[__] with surety / ☐ set in the amount of $[____] without surety] pursuant to § Chapter 475, RSMo, taking into account the Ward’s estate, income, and needs.
3.6 Letters & Powers Requested. Petitioner seeks issuance of Letters of [☐ Limited / ☐ Plenary] Guardianship authorizing the Guardian to:
a. Establish the Ward’s domicile;
b. Consent to and direct medical, psychiatric, and dental treatment;
c. Enroll the Ward in educational or vocational programs;
d. Apply for governmental benefits;
e. Institute legal proceedings to protect the Ward’s personal interests; and
f. Exercise all other powers permitted under Missouri law not herein specifically limited.
3.7 Protective Orders. Petitioner further requests entry of immediate protective orders restraining any individual from removing the Ward from Missouri without prior court approval and granting the Guardian access to confidential records necessary to fulfill fiduciary duties.
3.8 Relief Sought. Petitioner respectfully prays that the Court:
1. Set this Petition for hearing;
2. Appoint a qualified attorney ad litem and/or guardian ad litem as required;
3. Order appropriate medical and psychological evaluations;
4. Enter judgment finding the Ward [a minor / incapacitated];
5. Issue Letters of Guardianship to the Proposed Guardian;
6. Set bond as requested; and
7. Award such other and further relief as the Court deems just.
4. REPRESENTATIONS & WARRANTIES OF PETITIONER
4.1 Truthfulness. Petitioner represents that all statements herein are true, accurate, and complete to the best of Petitioner’s knowledge, information, and belief.
4.2 No Conflicts. Petitioner warrants that neither Petitioner nor Proposed Guardian has any interest adverse to the Ward except as disclosed in Schedule 1 attached hereto.
4.3 Criminal & Civil History. Petitioner affirms that Proposed Guardian has not been convicted of a felony involving moral turpitude, abuse, neglect, or exploitation of a child or vulnerable adult, and is not listed on any state or federal disqualification registry.
4.4 Compliance. Petitioner warrants the intent to comply with all reporting, visitation, and fiduciary obligations imposed by Chapter 475, RSMo, Supreme Court Rules, and local court rules.
5. COVENANTS & FIDUCIARY COMMITMENTS OF PROPOSED GUARDIAN
Upon appointment, Proposed Guardian covenants and agrees:
5.1 Best Interest Standard. To act at all times in the Ward’s best interest, exercising the degree of care, skill, and prudence of a reasonable person managing the care of a family member.
5.2 Annual Reporting. To file with this Court an Annual Report on the Ward’s personal status within thirty (30) days after each anniversary of appointment, or as otherwise ordered.
5.3 Notice of Material Change. To notify the Court within ten (10) days of any substantial change in the Ward’s residence, health condition, or finances.
5.4 Court Approval for Extraordinary Acts. To obtain prior court authorization for any act outside the ordinary course of personal care, including but not limited to major medical procedures, placement in a secured facility, or relocation outside Missouri.
5.5 Records Retention. To maintain contemporaneous records of all decisions, consents, and expenditures made on behalf of the Ward and to preserve said records for a minimum of five (5) years after termination of guardianship.
6. REMOVAL, DEFAULT & REMEDIES
6.1 Events of Default. Any of the following shall constitute grounds for removal of the Guardian:
a. Failure to file required reports or accountings;
b. Misappropriation or misuse of the Ward’s funds;
c. Abuse, neglect, or exploitation of the Ward;
d. Failure to maintain required bond;
e. Conviction of a disqualifying crime; or
f. Any other breach of fiduciary duty.
6.2 Notice & Opportunity to Cure. Except in emergencies, the Court shall provide written notice of alleged default and a fifteen (15)-day opportunity to cure before removal.
6.3 Remedies. Upon default, the Court may:
a. Suspend or revoke Letters of Guardianship;
b. Order forfeiture of bond;
c. Appoint a successor guardian;
d. Enter civil judgments for damages; and/or
e. Refer matters for criminal prosecution.
6.4 Attorneys’ Fees & Costs. The Court may assess reasonable attorneys’ fees and costs against the Guardian personally for willful breach of duty.
7. RISK ALLOCATION (BOND & INDEMNIFICATION)
7.1 Bond. Guardian shall post and maintain the Bond Requirement as set forth in Section 3.5, conditioned upon faithful discharge of all duties.
7.2 Indemnification of Ward. Guardian acknowledges a personal fiduciary duty to indemnify and hold harmless the Ward and the Ward’s estate from any loss, liability, or expense arising out of the Guardian’s breach of duty, gross negligence, willful misconduct, or fraud.
7.3 Insurance. Guardian shall maintain, at his/her own expense, liability insurance covering acts and omissions in a minimum amount of $[__] per occurrence, unless waived by the Court.
7.4 Force Majeure. Guardian shall not be liable for failure to perform duties where performance is rendered impossible by an act of God, war, or other force majeure event; provided, however, that Guardian shall promptly notify the Court and take reasonable steps to mitigate harm to the Ward.
8. JURISDICTION, VENUE & ANCILLARY RELIEF
8.1 Governing Law. This matter is governed exclusively by the laws of the State of Missouri, including Chapter 475, RSMo, and applicable Missouri Supreme Court Rules.
8.2 Exclusive Venue. Venue lies solely in this Probate Division pursuant to § Chapter 475, RSMo.
8.3 Arbitration & Jury Trial. Arbitration is not available, and jury trial is not applicable to this proceeding.
8.4 Continuing Jurisdiction. The Court retains continuing and exclusive jurisdiction over the Ward, the Guardian, and all matters relating to the guardianship.
8.5 Injunctive Relief. Petitioner requests that the Court issue standing protective orders necessary to prevent interference with the Ward’s person or estate pending final hearing.
9. GENERAL PROVISIONS
9.1 Amendments. This Petition may be amended only with leave of Court.
9.2 Severability. If any provision herein is held invalid, the remaining provisions shall remain in full force and effect to the extent permitted by law.
9.3 Integration. This Petition, together with all schedules and exhibits, constitutes the complete request for relief; no prior oral or written statements shall modify its terms.
9.4 Electronic Filing & Signatures. This document may be filed electronically in accordance with Missouri Supreme Court Rules and may be executed by electronic signature where permitted.
10. EXECUTION, VERIFICATION & ACCEPTANCE
Respectfully submitted,
[Attorney Name], # [Bar No.]
[Law Firm]
[Street Address]
[City, State ZIP]
Telephone: [--_]
E-mail: [_]
Attorney for Petitioner
VERIFICATION
I, [Petitioner Name], being duly sworn, state that I have read the foregoing Petition, know the contents thereof, and that the same is true and correct to the best of my knowledge, information, and belief.
[Petitioner Name]
Subscribed and sworn to before me on this ___ day of ____, 20__.
Notary Public
My commission expires: ____
ACCEPTANCE OF GUARDIANSHIP
I, [Proposed Guardian Name], hereby accept the appointment as Guardian of [Ward Name] and swear that I will faithfully discharge my duties as required by law and by any orders of this Court.
[Proposed Guardian Name]
Subscribed and sworn to before me on this ___ day of ____, 20__.
Notary Public
My commission expires: ____
SCHEDULE 1
DISCLOSURE OF POTENTIAL CONFLICTS OF INTEREST
[// GUIDANCE: List any financial, familial, or professional relationships that could pose a conflict. If none, state “None.”]
SCHEDULE 2
CONSENTS, MEDICAL EVALUATIONS & SUPPORTING EXHIBITS
1. Physician’s Capacity Evaluation dated _
2. Social History Report dated _
3. Birth Certificate / Identification of Ward
4. [Other Exhibits]
[// GUIDANCE: Attach each exhibit under a separate label in compliance with local rule formatting requirements.]