Legal Question in Family Law in Missouri

Re: Setting up gaurdianship

If your friend only wants a guardianship in the event that she dies, she should contact an experienced attorney that can prepare a will for her that provides for the appointment of you (or whomever) as a guardian for her minor child. If she is concerned about appointing a guardian in the event that she becomes incapacitated (i.e. - a coma) but does not die, she can have an experienced attorney prepare her a springing Durable Power of Attorney with similar guardianship provisions. I would not recommend attempting to draft either document without the assitance of a qualified attorney. If the documents are not properly prepared, the guardianship would not be valid and it would then be up to the State (the Courts and DFS) to determine who should be guardian of her child. Feel free to contact me if you would like my assistance in preparing the necessary legal documents.