Legal Question in Family Law in Missouri

guardianship of my niece

My niece (she's 15 years old) is living with me. I want to be able to make decision for her as if she were my child. I want to be able to make medical decisions for her and all other decisions that a parent would normally make. Both parents are in agreement that she live with me. What kind of legal documents do I need her parents to sign and will I have to go to court to accomplish this task? They do not want to lose there legal right to see her. Another words they don't want to give up there parental right. Could you also give me an idea as to how much the legal documents or going to court will cost me.

Thank you!!


Asked on 9/03/04, 8:27 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: guardianship of my niece

Several years ago I used a statute which allows a parent (or both parents) to sign basically a power of attorney transferring custody of a child and all authority to make parenting decisions to another person. The power is only good for a one year time period, but the parents can do another one if they choose at the end of the first year and so on. I believe that the statute is still in effect. This procedure is a great deal easier, quicker and less expensive than alternatives like establishing a legal guardianship or seeking the termination of parental rights and placement of the child in your care through the courts. Of course the best procedure for you will depend upon various factors. If you would like to call me for a free telephone consultation at 314-727-2822, I would be happy to help you, and we can discuss fees and costs at that time.

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Answered on 9/04/04, 12:38 am


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