Mo. Rev. Stat. » Chapter 475
Missouri Revised Statutes

Mo. Rev. Stat. § 475.070 (2026)

Notice of petition for appointment of guardian or conservator for a minor

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  475.070.  Notice of petition for appointment of guardian or conservator for a minor — service on parents of minor not required, when. — 1.  Before appointing a guardian or conservator for a minor, notice of the petition therefor shall be served upon the following unless they have signed such petition or have waived notice thereof:

  (1)  The minor, if over fourteen years of age;

  (2)  The parents of the minor;

  (3)  The spouse of the minor;

  (4)  The person or entity nominated to serve as guardian or conservator;

  (5)  If directed by the court:

  (a)  Any person who has been appointed guardian or any person having care and custody of the minor;

  (b)  Any department, bureau or agency of the United States or of this state or any political subdivision thereof, which makes or awards compensation, pension, insurance or other allowance for the benefit of the ward's estate;

  (c)  Any department, bureau or agency of this state or any political subdivision thereof or any charitable organization of this state, which may be charged with the supervision, control or custody of the minor.

  2.  If the minor is over fourteen years of age, there shall be personal service upon him if personal service can be had.  Service on others may be had in accordance with section 472.100.

  3.  If a petition for the appointment of a guardian of a minor is filed for the sole and specific purpose of school registration or medical insurance coverage, upon the filing of an affidavit by the petitioner stating that, after due and diligent effort to the best of his or her ability, the whereabouts or identity of either or both parents of the minor remains unknown, the court may proceed with the appointment of such a guardian without having obtained service upon the parents of the minor.

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(L. 1955 p. 385 § 296, A.L. 1959 S.B. 141, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al., A.L. 2000 S.B. 944, A.L. 2018 S.B. 806)

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1957–2024 · leading case: In Re Dugan, 309 S.W.2d 145 (Mo. Ct. App. 1957).
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In Re Dugan, 309 S.W.2d 145 (Mo. Ct. App. 1957). · cites it 6× “'s real and personal property; (3) if the minor is a nonresident, the county where the property is located; (4) the names and addresses of the parents and whether they are living or dead; (5) the name and address of the spouse of the minor; (6) the name and address of the person…”
In Re Est. of Patterson, 652 S.W.2d 252 (Mo. Ct. App. 1983). · cites it 3× “Except for publication, no time for the notice is fixed, and whether the notice provides a reasonable time is to be determined under the particular circumstances.”
Scott v. Scott, 882 S.W.2d 295 (Mo. Ct. App. 1994). · cites it 2× ““The requirement as to what the application shall contain is essential, not only so that the court may be able to determine its own jurisdiction' of the subject matter, but also so that jurisdiction of the parties can be acquired by the notice required in section 475.070. And…”
State Ex Rel. Kassen v. Carver, 355 S.W.2d 324 (Mo. Ct. App. 1962). · cites it 2× “Section 475.070, V.A.M.S. covers this procedure as follows: “1.”
Hawthorne v. Patterson, 652 S.W.2d 252 (Mo. Ct. App. 1983). · cites it 3× “Except for publication, no time for the notice is fixed, and whether the notice provides a reasonable time is to be determined under the particular circumstances.”
Missouri Pac. R.R. v. Davis, 309 S.W.2d 145 (Mo. Ct. App. 1957). · cites it 6× “and personal property; (3) if the minor is a nonresident, the county where the property is located; (4) the names and addresses of the parents and whether they are living or dead; (5) the name and address of the spouse of the minor; (6) the name and address of the person having…”
In the Matter of the Est. of A.r.b., a Minor, K.S. & V.S. v. A.l., Movant, 705 S.W.3d 694 (Mo. Ct. App. 2024). · cites it 3× “5 Appellant contends that, although she signed the consent form, this was not a valid waiver of service of process under §475.070. We agree. “Actual notice is insufficient to confer jurisdiction.”
In Re: E.R.V.A. R.W. & K.W. v. H.P.A. & A.M.A., No. WD84222 (Mo. Ct. App. Mar. 30, 2021). · cites it 2× “4(2), RSMo, only upon allegation that the natural parents are “unwilling, unable or adjudged unfit” to serve as the minor’s guardian. Unless they have signed the petition or waived notice, the parents of the minor must be provided notice of the petition prior to a guardian being…”
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