How Do I Name a Guardian for My Minor Children in Missouri?

See how a parent names a guardian for their minor children in Missouri, what weight the court gives your choice, and your options for temporary care.

Frequently Asked Questions

In Missouri, a parent names a guardian for a minor child in a will or a separate signed writing (Mo. Rev. Stat. §§ 475.045, 475.046). It needs your signature and 2 witnesses or a notary. You can record it alongside the rest of your estate plan when you create a revocable living trust.

When a parent has named a guardian, the court appoints the guardian the parent named unless someone shows a statutory ground to disqualify them (Mo. Rev. Stat. §§ 475.045, 475.046).

Yes. Missouri recognizes a separate signed declaration naming a guardian, so you do not need a full will. A will remains the standard place to do it.

Yes. Missouri allows a Delegation of Powers by Parent (Power of Attorney for Care and Custody of a Child) (Mo. Rev. Stat. §§ 475.602, 475.604): any adult can be authorized for a limited time (up to 1 year) without transferring custody.

In Missouri, a child 14 or older may choose their guardian, subject to the court's approval (Mo. Rev. Stat. § 475.045(2)).

Missouri uses a best-interest and suitability standard rather than a fixed list — the court can decline anyone it finds unsuitable to serve. (Mo. Rev. Stat. § 475.045)

Missouri Estate Planning Resources

In-depth guides covering Missouri probate laws, trust requirements, and estate planning strategies.