Standby Guardian Designation
(MO)

Summary

This template is a guardian designation that can be used to appoint a guardian of minor children to take effect upon the death, serious illness, or consent of the custodial parent. It is for use in Missouri. This template includes practical guidance, drafting notes, and alternate and optional clauses. Missouri's probate code authorizes a custodial parent to designate a standby guardian in a will that conforms with Mo. Rev. Stat. § 474.320 or through a separate written instrument. Such separate instrument must be dated and either signed and acknowledged by the custodial parent or signed by the custodial parent and witnessed by two disinterested witnesses. If more than one instrument designates a standby guardian and a conflict exists between the documents, the instrument with the most recent date will control. Mo. Rev. Stat. § 475.046. A standby guardianship allows an appointee to step in and serve as guardian of a minor immediately, pending further court action, rather than awaiting an appointment. Mo. Rev. Stat. § 475.046. In light of the COVID-19 pandemic and the potential that a client could face an unexpected medical emergency and be unable to care for his/her/their children, ensure that your clients have the proper documents in place to adequately protect them and their children. For a checklist identifying considerations to address with a client in an emergency or time-sensitive situation, such as the COVID-19 pandemic, see Estate Planning in an Emergency Checklist (Covid-19). For other disability planning templates that can be used in Missouri, see Living Will (MO) and Health Care Power of Attorney (MO). For a general power of attorney, see Power of Attorney (Durable, General) (MO).