Legal Question in Family Law in Missouri

temporary guardianship

My daughter is currently in drug rehab. She has 3 children ages 1, 5, 9. I currently have them living with me. The fathers are not involved in any way. My daughter has had this problem coming on for the past 4 year and it has escalated to either jail or transitional housing. I need somethink drawn up that will show I have temporary guardianship over them for medical, school, etc. Please advise what type of form this might be and if it would be legal in Missouri.


Asked on 5/30/06, 12:10 pm

2 Answers from Attorneys
Anthony Smith LawSmith

Re: temporary guardianship

You could have your daughter execute an assignment of right or Power of Attorney document. If she is not avaiable to sign either of these, you can petition the probate court in your county, seeking temporary guardianship and conservatorship of the children. In either case, you would do well to have an attorney draft it for you.

Good Luck

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Answered on 5/30/06, 2:37 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: temporary guardianship

You do not need to obtain a guardianship, and I'm guessing that you do not really want one. If your daughter is mentally able to sign a special power of attorney, and if the children's schools will accept one, we have a statute that allows a parent to authorize another to care for the children. The power of attorney will be effective for up to one year at a time, and a new one can be signed if needed when the first one expires. I can help you with this if you do not already have an attorney. Please feel free to call.

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Answered on 5/30/06, 11:28 pm


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