Legal Question in Family Law in Missouri

Help me know if I have to appoint my brother as my child's legal guardian.

I am trying to move my 13 yr old child out of our current neighborhood and school district due to alcohol abuse and sexual activity. My brother volunteered to take her in and let her attend school in his district to get her away from these influences. He is now insisting on full legal guardianship. I want to do a power of attorney, he says that's not good enough to allow him to take her to MD appts, sign for school functions and take care of her daily needs, etc. Please help. I want to help my daughter and make the right choice, but don't want to sign away my rights or have to fight him to get her back. Please know that my brother believes that his way is the only ''right'' way and that if I don't follow his rules to the ''T'' he will restrict my access to my daughter and this is why I am afraid he will not be willing to give her back when I am able to relocate into this other school district. Thank you.


Asked on 9/14/08, 4:18 am

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Help me know if I have to appoint my brother as my child's legal guardian.

There is a specific statute that provides for a parent to sign a power of attorney granting someone else the authority to care for a child for up to a period of one year at which time a new power of attorney must be executed if you want to continue the arrangement. So, your brother is wrong when he says that he needs a full guardianship for taking the child to the doctor. However, it depends upon the requirements of the school district where the child will attend school as to whether the school district will accept a power of attorney or will require a guardianship. It may be possible to obtain a limited guardianship for the purpose of school attendance only, but I would need to do some research to advise you further. If I were you, I would contact the person in charge at the school district and ask what exactly the school district would require.

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Answered on 9/14/08, 11:45 am


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