Chapter 475 Probate Code - Guardianship

475.430 - Removal for failure to file accounts.

Steven Groce, Attorney Advertisement

If any guardian shall fail to file with the court any account as required by sections 475.380 to 475.480, or by an order of the court, when any account is due or within thirty days after citation issues as provided by law, or shall fail to furnish the Veterans Administration a true copy of any account, petition or pleading as required by sections 475.380 to 475.480, such failure may in the discretion of the court be ground for his removal.

(L. 1947 V. I p. 4 § 11)

475.134 - Protection of persons dealing with conservator.

A person who in good faith either assists a conservator or deals with him for value in any transaction other than those requiring a court order is protected as if the conservator properly exercised the power.The fact that a person knowingly deals with a conservator does not alone require the person to inquire into the existence of a power or the propriety of its exercise.A person is not bound to see to the proper application of estate assets paid or delivered to a conservator.For the purposes of the rules protecting bona fide purchasers and mortgagees for value, conservators of the estate shall be deemed to be trustees of the property of the protectee.The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters.The protection here expressed is not by substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.

(L. 1983 S.B. 44 & 45)

475.230 - Sales of real estate, how made — notice required.

1.Sales of real estate of protectees shall be conducted in the same manner and the same proceedings shall be had with reference thereto as in cases of sale of real estate of decedents for payment of claims.

2.Unless waived by the court for cause, the protectee shall have ten days' prior notice of a required court hearing on the petition for the sale of the protectee's real or tangible personal property.The protectee is not entitled to notice of a hearing on the petition for the sale of the protectee's intangible personal property.

(RSMo 1939 § 405, A.L. 1955 p. 385 § 327, A.L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)

Prior revisions: 1929 § 405; 1919 § 401; 1909 § 431

475.330 - Conservatorship dispensed with, when.

1.When the whole estate of a minor does not exceed the value of ten thousand dollars, the court may, in its discretion, without the appointment of a conservator or the giving of bond, authorize:

(1)The deposit in a depositary authorized to receive fiduciary funds, payable to the conservator of the estate when appointed or to the minor upon his attaining the age of eighteen years; or

(2)The delivery thereof to a suitable person designated by the court, deliverable to the conservator of the estate when appointed or to the minor upon his attaining the age of eighteen years; or

(3)The payment or delivery thereof to the parent of the minor, or to the person having care or custody of the minor or to the minor himself.

The person receiving such money or other assets shall hold and dispose of the same in the manner directed by the court.

2.When the whole estate of a person over the age of eighteen who has been adjudicated to be disabled does not exceed the value of ten thousand dollars, the court may, in its discretion, without the appointment of a conservator or the giving of bond, authorize the deposit thereof in a depositary authorized to receive fiduciary funds in the name of a suitable person designated by the court, or authorize the delivery thereof to a suitable person designated by the court.The person receiving such money or other assets shall hold and dispose of the same in such manner as the court directs.

3.When the whole estate of a minor or a disabled person does not exceed ten thousand dollars, the court may discharge the conservator of the estate and authorize disposition of the assets of the estate of the protectee in the same manner as provided in subsections 1 and 2 of this section.

4.The person or officer making payment, delivery, transfer or issuance of personal property or evidence thereof to the person designated by the court under this section is discharged and released to the same extent as if such payment, delivery, transfer or issuance was made to a conservator of the minor or disabled person, and he is not required to see to the application thereof, except that a person or officer making payment, delivery, transfer or issuance of money or personal property, or evidence thereof, to a next friend or guardian ad litem may be discharged and released as provided for in section 507.184.

(L. 1955 p. 385 § 347, A.L. 1959 H.B. 537, A.L. 1977 S.B. 142 & 433, A.L. 1979 H.B. 95, A.L. 1983 S.B. 44 & 45)

475.130 - General duties and powers of conservator of estate.

1.The conservator of the estate of a minor or disabled person shall, under supervision of the court, protect, preserve, and manage the estate, apply it as provided in this code, account for it faithfully, perform all other duties required of the conservator by law, and at the termination of the conservatorship deliver the assets of the protectee to the persons entitled thereto.In protecting, preserving, and managing the estate, the conservator of the estate is under a duty to use the degree of care, skill, and prudence that an ordinarily prudent person uses in managing the property of, and conducting transactions on behalf of, others.If a conservator of the estate has special skills or is appointed on the basis of representations of special skills or expertise, the conservator is under a duty to use those skills in the conduct of the protectee's affairs.A conservator of the estate is under a duty to act in the interest of the protectee and to avoid conflicts of interest which impair the conservator's ability so to act.

2.The conservator of the estate shall take possession of all of the protectee's real and personal property, and of rents, income, issue, and profits therefrom, whether accruing before or after the conservator's appointment, and of the proceeds arising from the sale, mortgage, lease, or exchange thereof.Subject to such possession, the title to all such estate, and to the increment and proceeds thereof, is in the protectee and not in the conservator.Upon a showing that funds available or payable for the benefit of the protectee by any federal agency are being applied for the benefit of the protectee, or that such federal agency has refused to recognize the authority of the conservator to administer such funds, the court may waive, by order, the duty of the conservator to account therefor.

3.In managing, investing, and distributing the estate of a protectee, the conservator shall use reasonable efforts to:

(1)Ascertain the income, assets, and liabilities of the protectee;

(2)Ascertain the needs and preferences of the protectee;

(3)Coordinate with the guardian and consult with others close to the protectee;

(4)Prepare a plan for the management of the protectee's income and assets; and

(5)Provide oversight to any income and assets of the protectee under the control of the protectee.

4.The court has full authority under the rules of civil procedure to enjoin any person from interfering with the right of the conservator to possession of the assets of the protectee, including benefits payable from any source.

5.The conservator of the estate shall prosecute and defend all actions instituted in behalf of or against the protectee, collect all debts due or becoming due to the protectee, and give acquittances and discharges therefor, and adjust, settle, and pay all claims due or becoming due from the protectee so far as the protectee's estate and effects will extend, except as provided in sections 507.150 and 507.188.

6.A conservator of the estate has power, without authorization or approval of the court, to:

(1)Settle or compromise a claim against the protectee or the estate agreeing to pay or paying not more than five thousand dollars;

(2)Settle, abandon, or compromise a claim in favor of the estate that does not exceed five thousand dollars;

(3)Receive additions to the estate;

(4)Sell, or agree to sell, chattels and choses in action reasonably worth not more than five thousand dollars for cash or upon terms involving a reasonable extension of credit;

(5)Exchange, or agree to exchange, chattels and choses in action for other such property of equivalent value, not in excess of five thousand dollars;

(6)Insure or contract for insurance of property of the estate against fire, theft and other hazards;

(7)Insure or contract for insurance protecting the protectee against any liability likely to be incurred, including medical and hospital expenses, and protecting the conservator against liability to third parties arising from acts or omissions connected with possession or management of the estate;

(8)Contract for needed repairs and maintenance of property of the estate;

(9)Lease land and buildings for terms not exceeding one year, reserving reasonable rent, and renew any such lease for a like term;

(10)Vote corporate stock in person or by general or limited proxy;

(11)Contract for the provision of board, lodging, education, medical care, or necessaries of the protectee for periods not exceeding one year, and renew any such contract for a like period;

(12)Deposit funds in a bank;

(13)Pay taxes, assessments, and other expenses incurred in the collection, care, administration, and protection of the estate;

(14)Prosecute or defend actions, claims, or proceedings in any jurisdiction for the protection of estate assets;

(15)Execute and deliver all instruments that will accomplish or facilitate the exercise of the powers vested in the conservator; and

(16)On or after August 28, 2009, invest the estate in accordance with the provisions of section 475.190.

7.If, in exercising any power conferred by subsection 6 of this section, a conservator breaches any of the duties enumerated in subsection 1 of this section, the conservator may be surcharged for losses to the estate caused by the breach but persons who dealt with the conservator in good faith, without knowledge of or reason to suspect the breach of duty, may enforce and retain the benefits of any transaction with the conservator which the conservator has power under subsection 6 of this section to conduct.

(RSMo 1939 § 470, A.L. 1955 p. 385 § 308, A.L. 1959 H.B. 537, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 1998 H.B. 1571, A.L. 2006 S.B. 892, A.L. 2009 H.B. 239, A.L. 2018 S.B. 806)

Prior revisions: 1929 § 471; 1919 § 467; 1909 § 497

CROSS REFERENCE:

Multinational banks, securities and obligations of, investment in, when, 409.950

475.030 - Letters of guardianship and conservatorship issued, when.

1.Letters of guardianship of the person may be granted for any person adjudged incapacitated.Letters of conservatorship of the estate may be granted for any person adjudged to be disabled.

2.Letters of conservatorship of the estate of a minor shall be granted for that part of the estate of the minor which is not derived from a living parent who is acting as natural guardian.

3.Letters of conservatorship for the entire estate of a minor may be granted in the following cases:

(1)Where the minor has no parent living; or

(2)Where there is a natural guardian of the minor and where the court finds that the best interests of the minor require letters of conservatorship for all of his estate.

4.Letters of guardianship of the person of a minor may be granted in the following cases:

(1)Where a minor has no parent living;

(2)Where the parents or the sole surviving parent of a minor are unwilling, unable or adjudged unfit to assume the duties of guardianship;

(3)Where the parents or the sole surviving parent have had their parental rights terminated under chapter 211.

(RSMo 1939 §§ 375, 376, 378, 379, A.L. 1955 p. 385 § 287, A.L. 1957 p. 829, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 §§ 375, 376, 378, 379; 1919 §§ 371, 372, 374, 375; 1909 §§ 403, 404, 406, 407

(1959) Where application for guardianship for person and estate of alleged incompetent individual held on felony warrant theretofore issued out of magistrate court was filed, the probate court had jurisdiction of the proceeding insofar as the estate was concerned (though not of the person) and should proceed to determine his competency. State ex rel. Standefer v. England (A.), 328 S.W.2d 732.

475.265 - Compensation of guardians and conservators.

A guardian or conservator shall be allowed such compensation for his services as guardian or conservator, as the court shall deem just and reasonable.Additional compensation may be allowed for his necessary services as attorney and for other necessary services not required of a guardian or conservator.Compensation may also be allowed for necessary expenses in the administration of his trust, including reasonable attorney fees if the employment of an attorney for the particular purpose is necessary.In all cases, compensation of the guardian or conservator and his expenses including attorney fees shall be fixed by the court and may be allowed at any annual or final accounting; but at any time before final settlement the guardian or conservator or his attorney may apply to the court for an allowance upon the compensation or necessary expenses of the guardian or conservator and for attorney fees for services already performed.If the court finds that the guardian or conservator has failed to discharge his duties as such in any respect, it may deny him any compensation whatsoever or may reduce the compensation which would otherwise be allowed.The court may consider ties of blood, marriage or adoption, in making allowances of compensation to guardians and conservators.

(L. 1955 p. 385 § 334, A.L. 1983 S.B. 44 & 45)

475.082 - Review of status of persons under guardianship or conservatorship — required report, content.

1.At least annually, the court shall inquire into the status of every adult ward and protectee under its jurisdiction for the purpose of determining whether the incapacity or disability may have ceased or changed and to insure that the guardian or conservator is discharging the guardian's or conservator's responsibilities and duties in accordance with this chapter.

2.In order to implement the court review prescribed by this section, the guardian or limited guardian shall file annually on the anniversary date of the guardian's or limited guardian's letters a report concerning the personal status of the adult ward and plans by the guardian or limited guardian for future care.Such report may be combined with the settlement of accounts if the guardian is also conservator of the estate of the ward.The report shall be in the form prescribed by the court and shall include the following information:

(1)The present address of the ward;

(2)The present address of the guardian;

(3)Unless the report specifies that the ward is living with the guardian, the number of times the guardian has had contact with the ward, and the nature of such contacts including the date the ward was last seen by the guardian;

(4)A summary of the guardian's visits with the ward and activities on the ward's behalf and the extent to which the ward has participated in decisionmaking;

(5)If the ward is institutionalized, whether the guardian has received a copy of the treatment or habilitation plan and, if so, the date of such plan, and whether the guardian agrees with its provision;

(6)The date the ward was last seen by a physician or other professional and the purpose;

(7)The current mental and physical condition of the ward and any major changes in the ward's condition since the last report;

(8)The opinion of the guardian as to the need for the continuation of the guardianship and whether it is necessary to increase or decrease the powers of the guardian; and

(9)A summarized plan for the coming year.If an individual support plan, treatment plan, or plan of care is in place, such plan may be submitted in lieu of the requirements of this subdivision.

3.The court may as part of its review, in its discretion, order the performance of a mental status evaluation of the ward and may require any hospital, physician, or custodial facility to submit copies of their records relating to the treatment, habilitation, or care of the ward.The court, as part of its review and in its discretion, may also contact the department of health and senior services or other appropriate agencies to investigate the conduct of the guardian and report its findings to the court.

4.If there is an indication that the incapacity or disability of the ward or protectee has ceased, the court shall appoint an attorney to file on behalf of the ward or protectee a petition for termination of the guardianship or conservatorship or for restoration.

5.If it appears to the court as part of its review or at any time upon motion of any interested person, including the ward or protectee or some person on behalf of the ward or protectee, that the guardian or conservator is not discharging the guardian's or conservator's responsibilities and duties as required by this chapter or has not acted in the best interests of the ward or protectee, the court may order that a hearing be held and direct that the guardian or conservator appear before the court.In the event that such a hearing is ordered and the ward or protectee is not represented by an attorney, the court shall appoint an attorney to represent the ward or protectee in the proceedings.At the conclusion of the hearing, if the court finds that the guardian or conservator is not discharging his or her duties and responsibilities as required by this code or is not acting in the best interests of the ward or protectee, the court shall enter such orders as it deems appropriate under the circumstances.Such orders may include the removal of the guardian or conservator and the appointment of a successor guardian or conservator or termination of the guardianship or conservatorship on finding that the ward has recovered capacity or the protectee is no longer disabled.The court, in framing its orders and findings, shall give due consideration to the exercise by the guardian or conservator of any discretion vested in the guardian or conservator by law.

(L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al., A.L. 2018 S.B. 806)

475.065 - Single guardianship or conservatorship for two or more persons.

When application is made for the appointment of a guardian or conservator for two or more minors or incapacitated or disabled persons who are children of a common parent, or are parent and child, or are husband and wife, it is not necessary that a separate petition, bond or other paper be filed for each minor or incapacitated or disabled person and the guardianship or conservatorship of all may be considered as one proceeding except that there shall be a separate accounting when the guardianship or conservatorship terminates as to one ward or disabled person but not as to the others.

(L. 1955 p. 385 § 295, A.L. 1983 S.B. 44 & 45)

475.338 - Service on foreign guardian or conservator.

1.Service of process may be made upon the foreign guardian, curator, committee or conservator by registered or certified mail, addressed to his last reasonably ascertainable address.Notice by ordinary first class mail is sufficient if registered or certified mail service to the addressee is unavailable.Service may be made upon a foreign guardian, curator, committee or conservator in the manner in which service could have been made under other laws of this state.

2.If service is made upon a foreign guardian, curator, committee or conservator as provided in subsection 1 of this section, he shall be allowed at least thirty days within which to appear or respond.

(L. 1983 S.B. 44 & 45)

475.061 - Application for conservatorship — may combine with petition for guardian of person.

1.Any person may file a petition in the probate division of the circuit court of the county of proper venue for the appointment of himself or herself or some other qualified person as conservator of the estate of a minor or disabled person.The petition shall contain the same allegations as are set forth in subdivisions (1), (8), and (10) of subsection 2 of section 475.060 with respect to the appointment of a guardian for an incapacitated person and, in addition thereto, an allegation that the respondent is unable by reason of some specific physical or cognitive condition to receive and evaluate information or to communicate decisions to such an extent that the respondent lacks ability to manage his financial resources or that the respondent is under the age of eighteen years.

2.A petition for appointment of a conservator or limited conservator of the estate may be combined with a petition for appointment of a guardian or limited guardian of the person.In such a combined petition allegations need not be repeated.

(L. 1983 S.B. 44 & 45, A.L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213, A.L. 2018 S.B. 806)

475.465 - Construction and application.

Sections 475.380 to 475.480 shall be so construed to make uniform the law of those states which enact it.

(L. 1947 V. I p. 4 § 18)

475.361 - Wards, rights of.

1.The provisions of section 475.078 notwithstanding to the contrary, in every guardianship, the ward has the right to:

(1)A guardian who acts in the best interests of the ward;

(2)A guardian who is reasonably accessible to the ward;

(3)Communicate freely and privately with family, friends, and other persons other than the guardian; except that, such right may be limited by the guardian for good cause but only as necessary to ensure the ward's condition, safety, habilitation, or sound therapeutic treatment;

(4)Individually or through the ward's representative or legal counsel, bring an action relating to the guardianship, including the right to file a petition alleging that the ward is being unjustly denied a right or privilege granted by this chapter, including the right to bring an action to modify or terminate the guardianship under the provisions of section 475.083;

(5)The least restrictive form of guardianship assistance, taking into consideration the ward's functional limitations, personal needs, and preferences;

(6)Be restored to capacity at the earliest possible time;

(7)Receive information from the court that describes the ward's rights, including rights the ward may seek by petitioning the court; and

(8)Participate in any health care decision-making process.

2.An adult ward may petition the court to grant the ward the right to:

(1)Contract to marry or to petition for dissolution of marriage;

(2)Make, modify, or terminate other contracts or ratify contracts made by the ward;

(3)Consent to medical treatment;

(4)Establish a residence or dwelling place;

(5)Change domicile;

(6)Bring or defend any action at law or equity, except an action relating to the guardianship; or

(7)Drive a motor vehicle if the ward can pass the required driving test.

3.The appointment of a guardian shall revoke the powers of an agent who was previously appointed by the ward to act as an agent under a durable power of attorney for health care, unless the court so orders.

4.The appointment of a guardian is not a determination that the ward lacks testamentary capacity.

(L. 2018 S.B. 806)

475.275 - Verification of securities held by conservator — pooled accounts, defined, restrictions on — audit of pooled accounts, when.

1.The conservator, at the time of filing any settlement with the court, shall exhibit all securities or investments held by him to an officer of the bank or other depositary wherein the securities or investments are held for safekeeping or to an authorized representative of the corporation which is surety on his bond, or to the judge or clerk of a court of record in this state, or upon request of the conservator or other interested party, to any other reputable person designated by the court, who shall certify in writing that he has examined the securities or investments and identified them with those described in the account and shall note any omission or discrepancies.If the depositary is the conservator, the certifying officer shall not be the officer verifying the account.The conservator may exhibit the securities or investments to the judge of the court, who shall endorse on the account and copy thereof, a certificate that the securities or investments shown therein as held by the conservator were each in fact exhibited to him and that those exhibited to him were the same as those in the account and noting any omission or discrepancy.The certificate, and the certificate of an official of the bank in which are deposited any funds for which the conservator is accountable, showing the amount on deposit, shall be prepared and signed in duplicate and one of each shall be filed by the conservator with his account.

2.(1)As used in and pursuant to this section, a "pooled account" is an account within the meaning of this section and means any account maintained by a fiduciary for more than one principal and is established for the purpose of managing and investing and to manage and invest the funds of such principals.No fiduciary shall or may place funds into a pooled account unless the account meets the following criteria:

(a)The pooled account is maintained at a bank or savings and loan institution;

(b)The pooled account is titled in such a way as to reflect that the account is being held by a fiduciary in a custodial capacity;

(c)The fiduciary maintains, or causes to be maintained, records containing information as to the name and ownership interest of each principal in the pooled account;

(d)The fiduciary's records contain a statement of all accretions and disbursements; and

(e)The fiduciary's records are maintained in the ordinary course of business and in good faith.

(2)The public administrator of any county with a charter form of government and with more than six hundred thousand but less than seven hundred thousand inhabitants serving as a conservator and using and utilizing pooled accounts for the investing, investment, and management of conservatorship funds shall have any such accounts audited on at least an annual basis and no less than one time per year by an independent certified public accountant.The audit provided shall review the records of the receipts and disbursements of each estate account.Upon completion of the investigation, the certified public accountant shall render a report to the judge of record in this state showing the receipts, disbursements, and account balances as to each estate and as well as the total assets on deposit in the pooled account on the last calendar day of each year.The county shall provide for the expense of such* audit.If and where the public administrator has provided the judge with the** audit pursuant to and required by this subsection and section, the public administrator shall not be required to obtain the written certification of an officer of a bank or other depository on any** estate asset maintained within the pooled account as otherwise required in and under subsection 1 of this section.

(L. 1955 p. 385 § 336, A.L. 1983 S.B. 44 & 45, A.L. 2004 H.B. 795, et al. merged with S.B. 1243)

*Word "the" appears in original rolls of H.B. 795, et al., 2004.

**Word "an" appears in original rolls of S.B. 1243, 2004.

475.092 - Protective arrangements and single transactions, court's powers — limitation of trustee's liability.

1.If it is established in a proceeding conducted in a manner similar to a proceeding for the appointment of a conservator of the estate that a person is a minor or disabled, or has a physical or mental disability as defined under state or federal law, the court, without appointing a conservator, may authorize, direct or ratify any transaction necessary or desirable to achieve any security, service, or care arrangement meeting the foreseeable needs of the person.

2.When it has been established in such a proceeding that the person is a minor or disabled, or has a physical or mental disability as defined under state or federal law, the court, without appointing a conservator, may authorize, direct or ratify any contract or other transaction relating to the person's financial affairs or involving such person's estate if the court determines that the transaction is in the best interests of the person and if such action would otherwise be within the power of the court.A transaction pursuant to this section may include the establishment by the court or other grantor of an inter vivos trust, including a trust that complies with the provisions of 42 U.S.C. Section 1396p(d)(4), on behalf of the person provided that upon such person's death, after the payment of trustees' fees, any payments to the state Medicaid agency that are required by the provisions of 42 U.S.C. Section 1396p(d)(4) are made and, provided further, that any creditor of the person other than the state of Missouri shall also be paid all sums due for such person's care, maintenance and support, to the extent trust property is sufficient therefor, and, provided, such trust shall terminate upon such person's death and any amounts remaining in the trust after the foregoing payments shall be distributed to the remainder beneficiaries designated in the trust or as designated pursuant to the exercise of a power of appointment set forth in the trust.This section shall not be interpreted to require all such trusts to be established by a court proceeding.

3.Before approving a protective arrangement or other transaction pursuant to this section, the court shall consider the interests of creditors and dependents of the person and, in view of such person's disability, whether such person needs the continuing protection of a conservator.The court may appoint a special conservator to assist in the accomplishment of any protective arrangement or other transaction authorized pursuant to this section who shall have the authority conferred by the order and serve until discharged by order after report to the court of all matters done pursuant to the order of appointment.

4.Notwithstanding any other law to the contrary, the trustee of any trust created or approved by a Missouri court prior to August 28, 1999, for the benefit of a person who is a minor or disabled, or has a physical or mental disability as defined under state or federal law shall not be liable to the state of Missouri or to any creditor of such person if, on August 28, 1999, the trust does not have sufficient assets to reimburse the state of Missouri for medical assistance paid on such person's behalf pursuant to a state plan as provided in Title 42 of the United States Code or to reimburse a creditor for sums due for such person's care, maintenance and support.Any such trust which is in existence as of August 28, 1999, shall be subject to subsection 2 of this section, as amended, notwithstanding any provisions of such trust to the contrary.The trustee shall not be liable for any distributions or payments made prior to August 28, 1999, pursuant to the terms of such trust.

(L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al., A.L. 1999 S.B. 386, A.L. 2006 S.B. 892)

475.075 - Hearing on capacity or disability — notice — service — contents of petition, appointment of attorney — examination of respondent, when — burden of proof — rights of respondent — factors court to consider.

1.Except as otherwise provided in section 475.062, when a petition for the appointment of a guardian ad litem, guardian, or conservator for any potential ward or protectee, who is then referred to as the respondent, is filed under this chapter on grounds other than minority, the court, if satisfied that there is good cause for the exercise of its authority, shall promptly set the petition for hearing.

2.The respondent shall be served in person with the following:A copy of the petition; a written notice stating the time and place the proceeding will be heard by the court, the name and address of appointed counsel, and the names and addresses of the witnesses who may be called to testify in support of the petition; and with a copy of the respondent's rights as set forth in subsections 9 and 10 of this section.The notice shall be signed by the judge or clerk of the court and served in person on the respondent a reasonable time before the date set for the hearing.A written notice stating the time and place for the petition to be heard by the court, and the name and address of counsel appointed to represent the respondent shall be served upon the spouse, parents, children who have reached the age of eighteen, any person serving as the respondent's guardian, conservator, limited guardian, or limited conservator, any person proposed to serve as guardian or conservator, any person having power to act in a fiduciary capacity with respect to any of the respondent's financial resources, any person having the respondent's care and custody known to the petitioner, and any co-tenants or co-depositors with the respondent.Each person so listed shall be served in any manner permitted by section 472.100.If no such spouse, parent, or child is known, notice shall be given to at least one of the respondent's closest relatives who have reached eighteen years of age.

3.If the public administrator is nominated as guardian or conservator or at any stage of the proceeding is being considered by the court to be nominated as guardian or conservator, the public administrator shall receive a copy of the petition from the petitioner or the court and any accompanying documents, including exhibits and medical opinions, receive written notice indicating the date and time of the proceeding, and have an opportunity to attend and be heard.

4.Upon the filing of a petition under the provisions of subsection 1 of this section or for the approval on behalf of the respondent of a transaction pursuant to section 475.092 or for the rendition of emergency medical treatment under the provisions of section 475.123, the court shall immediately appoint an attorney to represent the respondent in the proceeding.The attorney shall visit the respondent at least twenty-four hours prior to the hearing unless the court finds good cause for waiving this requirement.If the attorney finds that the respondent is capable of understanding the matter in question or of contributing to the advancement of the respondent's interest, the attorney shall obtain from the respondent all possible aid.If the attorney finds that the respondent is so impaired that the respondent cannot communicate or participate in the proceedings, the attorney shall consider all circumstances then prevailing and act with care to safeguard and advance the interests of the respondent.

5.If the court enters an order appointing an attorney for the respondent, it shall specify that the attorney shall have the right to obtain all medical and financial information of the respondent from medical care providers and financial institutions, and no medical care provider or financial institution shall be liable for damages or otherwise for the release of this information to the attorney appointed for the respondent.The court shall allow a reasonable attorney's fee for the services rendered, to be taxed as costs of the proceeding.Upon entry of appearance by private counsel on behalf of the respondent, the court may permit the court-appointed attorney to withdraw only if after a hearing the court finds cause to permit the withdrawal.The private counsel shall meet the requirements of the court-appointed attorney in representing the respondent as provided in subsection 4 of this section.The respondent's attorney shall not also serve as guardian ad litem or conservator ad litem for the respondent unless and until a judgment granting guardianship, conservatorship, limited guardianship, or limited conservatorship has been entered by the court.If the attorney for the respondent has filed or intends to file an appeal of such judgment, the attorney for the respondent shall not serve as guardian ad litem or conservator ad litem for the respondent until all proceedings in connection with such appeal have been finally resolved.The petitioner shall not nominate an attorney for the respondent.

6.The court may direct that the respondent be examined by a physician, licensed psychologist, or other appropriate professional if the other professional has experience or training in the alleged mental, physical, or cognitive impairment.The court-appointed physician, licensed psychologist, or other professional shall, prior to examination, explain to the respondent in simple language, the following:

(1)That the purpose of the examination is to produce evidence which may be used to determine whether the respondent is incapacitated, disabled, partially incapacitated, or partially disabled;

(2)That respondent has the right to remain silent;

(3)That anything respondent says may be used at the court hearing, and in making the determination of incapacity or disability.

7.The court-appointed physician, licensed psychologist, or other professional shall submit a report in writing to the court and to counsel for all parties.It shall not be a valid objection to the review of the report by the court or the attorneys for the parties that the court will be responsible for the ultimate determination of incapacity or partial incapacity.If other objections to the report are made by any party, the court may order a hearing for the limited purpose of determining whether the court shall admit the report.The court may allow a reasonable fee for the services rendered by the physician, licensed psychologist, or other professional to be taxed as costs in the proceeding.

8.If prima facie proof of partial or complete incapacity or disability, with or without the court-ordered evaluation as provided in subsections 6 and 7 of this section, is made upon motion by any party or the court on its own motion, a physician, licensed psychologist, or other appropriate professional is competent and may be compelled by the court to testify as to information acquired from the respondent, despite otherwise applicable testimonial privileges.Evidence received under this subsection that would otherwise be privileged and confidential may not be used in any other civil action or criminal proceeding without the consent of the holder of the privilege.Any resulting report shall be shared with the respondent and counsel for all parties but shall not be used in any other civil action or criminal proceeding without the consent of the holder of the privilege.

9.The petitioner has the burden of proving incapacity, partial incapacity, disability, or partial disability by clear and convincing evidence.

10.The respondent shall have the following rights in addition to those elsewhere specified and shall be advised of these rights by the attorney for the respondent:

(1)The right to be represented by an attorney;

(2)The right to have a jury trial;

(3)The right to present evidence in the respondent's behalf;

(4)The right to cross-examine witnesses who testify against the respondent;

(5)The right to remain silent;

(6)The right to have the hearing opened or closed to the public as the respondent elects;

(7)The right to a hearing conducted in accordance with the rules of evidence in civil proceedings, except as modified by this chapter;

(8)The right to be present at the hearing;

(9)The right to appeal the court's decision.

11.If the court finds that the respondent possesses capacity to manage the respondent's essential requirements for food, clothing, shelter, safety, and other care or that the respondent possesses the ability to manage the respondent's financial resources, the court shall deny the petition.On the other hand, if the court finds that the capacity of the respondent to receive and evaluate information or to communicate decisions is impaired to such an extent as to render the respondent incapable of managing some or all of the respondent's essential requirements for food, clothing, shelter, safety or other care so that serious physical injury, illness, or disease is likely to occur, or that the capacity of the respondent to receive and evaluate information or to communicate decisions is impaired to such an extent so as to render the respondent unable to manage some or all of the respondent's financial resources, the court shall appoint a guardian or limited guardian, a conservator or limited conservator, or both in combination.

12.If the court finds the respondent to be in some degree incapacitated or disabled, or both, the court, in determining the degree of supervision necessary, shall apply the least restrictive alternative principle as defined in this chapter and shall not restrict the respondent's personal liberty or the respondent's freedom to manage the respondent's financial resources to any greater extent than is necessary to protect the respondent's person and the respondent's financial resources.The limitations imposed upon the authority of the guardian or conservator as set forth in the findings of the court shall be stated in the letters of the guardian or conservator and shall be set forth in the notice of first publication of letters of conservatorship granted.

13.Before appointing a guardian or conservator, the court shall consider whether the respondent's needs may be met without the necessity of the appointment of a guardian or conservator, or both, by a less restrictive alternative including, but not limited to, the following:

(1)Evidence that the respondent has appointed an attorney-in-fact in a durable power of attorney executed by the respondent before the petition was filed;

(2)The management of the beneficial interests of the respondent in a trust by a trustee;

(3)Evidence that a representative payee has been appointed to manage the respondent's public benefits;

(4)Supported decision-making agreements or the provision of protective or supportive services or arrangements provided by individuals or public or private services or agencies;

(5)The use of appropriate services or assistive technology;

(6)The appointment of a temporary emergency guardian ad litem or conservator ad litem under subsection 15 of this section; or

(7)The appointment of a limited guardian or conservator.

14.The court shall make and recite in its order detailed findings of fact stating:

(1)The extent of the respondent's physical, mental, and cognitive incapacity to manage essential requirements for food, clothing, shelter, safety, or other care;

(2)The extent of the respondent's physical, mental, and cognitive incapacity to manage the respondent's financial resources;

(3)Whether the respondent requires placement in a supervised living situation and, if so, the degree of supervision needed;

(4)Whether the respondent's financial resources require supervision and, if so, the nature and extent of supervision needed;

(5)Whether the respondent retains the right to vote;

(6)Whether the respondent is permitted to drive a motor vehicle if the respondent can pass the required driving test; and

(7)Whether the respondent retains the right to marry.

15.If it is alleged in a petition that an alleged incapacitated or disabled respondent has no guardian or conservator and an emergency exists that presents a substantial risk that serious physical harm will occur to the respondent's person or irreparable damage will occur to the respondent's property because of the respondent's failure or inability to provide for the respondent's essential human needs or to protect the respondent's property, the court may, with notice to such person's attorney, as provided in subsection 4 of this section, and service of notice upon such person as provided in subsection 2 of this section, and, with or without notice to other persons interested in the proceeding, after hearing, appoint an emergency guardian ad litem or conservator ad litem for a specified period not to exceed ninety days and for specified purposes.Except for good cause shown, the court shall hold a hearing on petitions filed under this section within five business days of the filing of the petition.Orders appointing the guardian or conservator ad litem may be modified upon motion and hearing.Only after a hearing and a showing of continuing emergency need, the court may order the extension of the appointment of an emergency guardian ad litem or conservator ad litem from time to time, not to exceed ninety days each.A guardian ad litem or conservator ad litem may be removed at any time and shall make any report the court requires.Proceedings under this subsection shall not be employed as alternative to proceedings for the involuntary detention and treatment of a mentally ill person under the provisions of chapter 632.If no petition for guardianship, conservatorship, limited guardianship, or limited conservatorship has been filed within the first ninety days following the granting of emergency authority under this section, the court may terminate the authority granted under the emergency letters upon motion of the attorney for the respondent and a finding that doing so would not be manifestly contrary to the respondent's interest.

(RSMo 1939 §§ 447, 449, A.L. 1955 p. 385 § 297, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al., A.L. 2018 S.B. 806)

Prior revisions: 1929 §§ 448, 450; 1919 §§ 444, 446; 1909 §§ 474, 476

(1986) Waiver of rights under this section must be affirmative and on the record. In re Link, 713 S.W.2d 487 (Mo. banc).

(1996) A court may not circumvent the right to a jury trial by entering a judgment notwithstanding the verdict against the alleged incompetent.Matter of Korman, 913 S.W.2d 416 (Mo.App.E.D.).

475.475 - Other laws as applicable.

Except where inconsistent with sections 475.380 to 475.480, the laws of this state relating to guardian and ward and the judicial practice relating thereto, including the right to trial by jury and the right of appeal, shall be applicable to such beneficiaries and their estates.

(L. 1947 V. I p. 4 § 21)

475.528 - Notice of proceeding.

If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition shall be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state.The notice shall be given in the same manner as notice is required to be given in this state.

(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)

475.420 - Qualifications and bond of guardian.

1.Upon the appointment of a guardian, he shall execute and file a bond to be approved by the court in an amount not less than the estimated value of the personal estate and anticipated income of the ward during the ensuing year.The bond shall be in the form and be conditioned as required of guardians appointed under the general guardianship laws of this state.The court may from time to time require the guardian to file an additional bond.

2.Where a bond is tendered by a guardian with personal sureties, there shall be at least two such sureties and they shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and shall state that each is worth the sum named in the bond as the penalty thereof over and above all his debts and liabilities and the aggregate of other bonds on which he is principal or surety and exclusive of property exempt from execution.The court may require additional security or may require a corporate surety bond, the premium thereon to be paid from the ward's estate.

(L. 1947 V. I p. 4 § 9)

475.079 - Order appointing guardian or conservator.

1.If it appears to the court or if it is found by the jury or the court upon proof by clear and convincing evidence that the person for whom a guardian is sought is incapacitated as defined in this law and that the respondent's identified needs cannot be met by a less restrictive alternative, the court may appoint a guardian of the person.

2.If it is found that the person for whom a conservator of the estate is sought is a minor or is disabled as defined in section 475.010 by a disability other than or in addition to minority and that the respondent's identified needs cannot be met by a less restrictive alternative, the court may appoint a conservator of the estate, who may be the same person appointed guardian of the person.

3.The court shall not appoint the public administrator to serve as guardian, limited guardian, conservator, limited conservator, emergency guardian, emergency conservator, guardian ad litem, or conservator ad litem unless notice is first given to the public administrator as provided in subsection 3 of section 475.075 and the public administrator has an opportunity to participate in any hearing on such matter, including the right to cross examine witnesses and to offer witnesses and evidence.The public administrator may waive notice and the opportunity to participate.

(L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)

475.320 - Death of protectee, distribution of estate — administration, when.

1.Except in cases mentioned in subsection 2, the court, upon the death of any protectee, may order that no letters of administration shall be granted upon his estate, but the funeral and burial expenses and estate taxes for which the estate of the deceased protectee is liable, and obligations of the protectee incurred by the conservator, as well as expenses of administration, may be paid out of the estate by the conservator on order of the court and after the final settlement of the conservator is approved, and upon a showing that all obligations of the estate which have been authorized by the court have been paid, the court shall order the conservator to make distribution to the heirs in the same manner and with the same effect as in the case of an administrator.In such case the conservator is subject in all respects and to the same extent to the liabilities of an administrator and liability on the conservator's bond continues and applies to the complete administration of the estate of the deceased protectee, including settlements as required by section 473.540.

2.Whenever a protectee dies leaving debts, other than those payable by the conservator under subsection 1 hereof, for which his estate would be liable in an action, or whenever a protectee dies, leaving a will valid under the law respecting wills, letters testamentary or of administration shall be granted on the estate of the deceased protectee, in the manner provided by law, as in case of other testators or intestates.

(RSMo 1939 §§ 427, 428, A.L. 1955 p. 385 § 345, A.L. 1957 p. 829, A.L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)

Prior revisions: 1929 §§ 427, 428; 1919 §§ 423, 424; 1909 §§ 453, 454

(1965) As used in subsection 2 of this section, the word "debts" is the substantial equivalent of "claims", which is defined in § 472.101 (4) as including liabilities of the decedent which survive whether arising in contract or in tort or otherwise, funeral expenses, the expense of a tombstone and costs and expenses of administrator. State v. Hollenbeck (A.), 394 S.W.2d 82.

(1965) This section states no legislative purpose or intent to transmit the legal status of a guardian to that of an administrator, but simply grants to the probate court the discretionary right, in certain cases, to "order that no letters of administration shall be granted".State v. Hollenbeck (A.), 394 S.W.2d 82

475.020 - Applicability of provisions of probate code to guardianship.

The provisions of chapter 472, unless therein restricted to decedents' estates, apply to guardianships and conservatorships.Where sections in chapter 473 are specifically incorporated by reference by any provision of sections 475.010 to 475.370, they shall be applied as if "decedent" or "deceased" read "ward" or "protectee", "executor" or "administrator" or "personal representative" read "guardian", "conservator" and the like, as the case may be, as far as applicable to guardianships and conservatorships and not inconsistent with the provisions of sections 475.010 to 475.370.In other cases, where no rule is set forth for guardianships and conservatorships in sections 475.010 to 475.370, the rule regarding decedents' estates in this law shall likewise apply to guardianships and conservatorships when applicable thereto and not inconsistent with the provisions of sections 475.010 to 475.370, unless a contrary rule of court is duly promulgated or declared; provided that the provisions of sections 473.780 to 473.840, relating to independent administration, shall not apply to guardianships or conservatorships.

(L. 1955 p. 385 § 285, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45)

475.120 - General powers and duties of guardian of the person — social service agency acting on behalf of ward, requirements — preneed funeral contract permitted, when — exercise of authority.

1.The guardian of the person of a minor shall be entitled to the custody and control of the ward and shall provide for the ward's education, support, and maintenance.

2.A guardian or limited guardian of an incapacitated person shall act in the best interest of the ward.A limited guardian of an incapacitated person shall have the powers and duties enumerated by the court in the adjudication order or any later modifying order.

3.The general powers and duties of a guardian of an incapacitated person shall be to take charge of the person of the ward and to provide for the ward's care, treatment, habilitation, education, support and maintenance; and the powers and duties shall include, but not be limited to, the following:

(1)Assure that the ward resides in the best and least restrictive setting reasonably available;

(2)Assure that the ward receives medical care and other services that are needed;

(3)Promote and protect the care, comfort, safety, health, and welfare of the ward;

(4)Provide required consents on behalf of the ward;

(5)To exercise all powers and discharge all duties necessary or proper to implement the provisions of this section.

4.A guardian of an adult or minor ward is not obligated by virtue of such guardian's appointment to use the guardian's own financial resources for the support of the ward.If the ward's estate and available public benefits are inadequate for the proper care of the ward, the guardian or conservator may apply to the county commission pursuant to section 475.370.

5.No guardian of the person shall have authority to seek admission of the guardian's ward to a mental health or intellectual disability facility for more than thirty days for any purpose without court order except as otherwise provided by law.

6.Only the director or chief administrative officer of a social service agency serving as guardian of an incapacitated person, or such person's designee, is legally authorized to act on behalf of the ward.

7.A social service agency serving as guardian of an incapacitated person shall notify the court within fifteen days after any change in the identity of the professional individual who has primary responsibility for providing guardianship services to the incapacitated person.

8.Any social service agency serving as guardian may not provide other services to the ward.

9.In the absence of any written direction from the ward to the contrary, a guardian may execute a preneed contract for the ward's funeral services, including cremation, or an irrevocable life insurance policy to pay for the ward's funeral services, including cremation, and authorize the payment of such services from the ward's resources.Nothing in this section shall interfere with the rights of next-of-kin to direct the disposition of the body of the ward upon death under section 194.119.If a preneed arrangement such as that authorized by this subsection is in place and no next-of-kin exercises the right of sepulcher within ten days of the death of the ward, the guardian may sign consents for the disposition of the body, including cremation, without any liability therefor.A guardian who exercises the authority granted in this subsection shall not be personally financially responsible for the payment of services.

10.Except as otherwise limited by the court, a guardian shall make decisions regarding the adult ward's support, care, education, health, and welfare.A guardian shall exercise authority only as necessitated by the adult ward's limitations and, to the extent possible, shall encourage the adult ward to participate in decisions, act on the adult ward's own behalf, and develop or regain the capacity to manage the adult ward's personal affairs.

(RSMo 1939 §§ 394, 460, 474, 497, A.L. 1955 p. 385 § 306, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al., A.L. 1994 S.B. 734, A.L. 1997 H.B. 540, A.L. 2014 H.B. 1064, A.L. 2017 S.B. 111 merged with S.B. 112, A.L. 2018 S.B. 806)

Prior revisions: 1929 §§ 394, 461, 475, 498; 1919 §§ 390, 457, 471, 494; 1909 §§ 422, 487, 501, 524

475.524 - Special jurisdiction.

1.A court of this state lacking jurisdiction under section 475.523 has special jurisdiction to do any of the following:

(1)Appoint a guardian in an emergency for a term not exceeding ninety days for a respondent who is physically present in this state;

(2)Issue a protective order with respect to real or tangible personal property located in this state;

(3)Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to section 475.531.

2.If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.

(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)

475.155 - Continuation of business.

In all cases where the court deems it advantageous to continue the business of a protectee, such business may be continued by the conservator of the estate on order of the court and according to the rules specified in section 473.300 for the continuation of the business of a decedent by a personal representative when no testamentary provisions are involved.

(L. 1955 p. 385 § 312, A.L. 1983 S.B. 44 & 45)

475.551 - Uniformity of application and construction.

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)

475.055 - Qualifications of guardians or conservators.

1.Except as herein otherwise provided:

(1)Any adult person may be appointed guardian of the person or conservator of the estate, or both, of a minor or incapacitated or disabled person, except that a parent shall not be denied appointment as guardian of the person of a minor for the reason that the parent is a minor;

(2)Any charitable organization organized and incorporated as a not-for-profit corporation under the laws of this state prior to January 1, 1902, shall be qualified to continue to serve as guardian of the person of any ward for whom such charitable organization has been appointed guardian of the person prior to September 28, 1983, or to be appointed guardian of the person or persons adjudicated incapacitated subsequent to September 28, 1983;

(3)Any social service agency located within a county of the first classification or within a city not within a county except any county of the first classification without a charter form of government with a population of one hundred thousand or more inhabitants which contains all or part of a city with a population of three hundred fifty thousand or more inhabitants, which is found capable by the court of providing an active and suitable program of guardianship for the incapacitated person, taking into consideration the nature of such person's disability and the nature of such organization's services, may be appointed as guardian of the person; however, no social service agency shall be appointed as guardian of the person under this subdivision unless it employs a licensed professional found by the court to have sufficient expertise to meet the needs of the ward, and it is found by the court that such professional shall have primary responsibility for providing guardianship services to the incapacitated person for which such social service agency is appointed guardian.The court shall not appoint as guardian of the person under this subdivision a social service agency which is providing residential services to the ward;

(4)Any corporation authorized to do business in this state and empowered by its charter so to act or any national banking association authorized so to act in this state may be appointed conservator of the estate of a minor or disabled person.No corporation other than a social service agency may be appointed to serve as guardian of the incapacitated person.

2.No person or corporation, other than the public administrator of the county, shall be appointed guardian or conservator unless the appointee has filed a consent to act.Except as otherwise provided by this section, no person or corporation licensed as a facility by the Missouri department of mental health or the Missouri department of social services, nor any administrator, owner, operator, manager or employee of such a facility shall be appointed guardian of the person or conservator of the estate of any resident of that facility, unless related within the fourth degree of consanguinity or affinity to the resident.No full-time judge of any court of this state and no clerk, deputy clerk or division clerk shall be appointed as guardian of the person or conservator of the estate, but a judge, clerk, deputy clerk or division clerk may serve as a guardian or conservator for a ward or protectee who is a spouse or is within the third degree of relationship by consanguinity or affinity as calculated according to civil law.No natural person under eighteen years of age, other than as provided in subsection 1 of this section, no incapacitated or disabled person, and no habitual drunkard shall be appointed guardian of the person or conservator of the estate.No person whose letters of guardianship or conservatorship are revoked shall be appointed guardian or conservator within two years after the revocation.No one shall be appointed guardian of the person or conservator of the estate unless qualified to perform the duties of said office or offices.

3.A person becomes a guardian or conservator of a minor or incapacitated or disabled person upon issuance of letters of guardianship or conservatorship by the court.A person so appointed need not reside within this state in order to accept or serve as guardian or conservator, unless the court finds that such person, taking into consideration his place of residence, is unable to effectively perform the duties of guardian or conservator as provided by this code.The guardianship or conservatorship status continues until terminated, without regard to the location from time to time, whether within or outside of this state, of the guardian and ward or conservator and protectee.

4.Subsections 3 and 4 of section 473.117, section 473.689, and section 475.338 are applicable to nonresident guardians and conservators.

5.If a social service agency is appointed to act as guardian under this section, any other eligible person listed in subdivision (3) of subsection 1 of section 475.050 may petition the court to have the social service agency removed as guardian.The court shall grant the petition if it finds that the petitioner is qualified and will act in the best interests of the disabled or incapacitated person.The removal of a social service agency under such circumstances does not require evidence that the agency committed acts of misfeasance warranting the agency's removal pursuant to section 475.110.

6.A social service agency acting as a guardian pursuant to subdivision (4) of subsection 1 of this section may only authorize the withholding or withdrawal of artificially provided nutrition or hydration as prescribed under section 404.820.

(L. 1955 p. 385 § 292, A.L. 1957 p. 829, A.L. 1978 H.B. 1634, A.L. 1979 H.B. 95, A.L. 1983 S.B. 44 & 45, A.L. 1987 H.B. 637, A.L. 1994 S.B. 734)

(1977) Held, a relative is entitled to preference over a stranger as guardian unless the record discloses dissension in the family, adverse interest of the relative and the incompetent, lack of business ability of the relative or any other reason a stranger would best serve the interest of the incompetent. Roots v. Reid (A.), 555 S.W.2d 54.

475.255 - Receipts and acknowledgments of conservators, effect.

Receipts or acknowledgments given by a conservator during the continuance of his office, for the payment of any debts, rents or other money or property due to his protectee, are valid in favor of all persons who take them in good faith; but the conservator and his sureties are liable to the party injured, if the receipts or acknowledgments are given illegally or fraudulently.

(RSMo 1939 § 426, A.L. 1955 p. 385 § 332, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 426; 1919 § 422; 1909 § 452

475.355 - Temporary emergency detention.

1.If, upon the filing of a petition for the adjudication of incapacity or disability it appears that the respondent, by reason of a mental disorder or intellectual disability or developmental disability, presents a likelihood of serious physical harm to the respondent or others, the respondent may be detained in accordance with the provisions of chapter 632 if suffering from a mental disorder, or chapter 633 if the respondent has an intellectual or developmental disability, pending a hearing on the petition for adjudication.

2.As used in this section, the terms "mental disorder" and "intellectual disability" or "developmental disability" shall be as defined in chapter 630 and the term "likelihood of serious physical harm to the respondent or others" shall be as the term "likelihood of serious harm" is defined in chapter 632.

3.The procedure for obtaining an order of temporary emergency detention shall be as prescribed by chapter 632, relating to prehearing detention of mentally disordered persons.

(RSMo 1939 §§ 498, 499, A.L. 1955 p. 385 § 352, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 2011 H.B. 555 merged with H.B. 648, A.L. 2014 H.B. 1064, A.L. 2018 S.B. 806)

Prior revisions: 1929 §§ 499, 500; 1919 §§ 494, 495; 1909 §§ 524, 525

475.455 - Discharge of guardian and release of sureties.

In addition to any other provisions of law relating to judicial restoration and discharge of guardian, a certificate by the Veterans Administration showing that a minor ward has attained majority, or that an incompetent ward has been rated competent by the Veterans Administration upon examination in accordance with law shall be prima facie evidence that the ward has attained majority, or has recovered his competency.Upon hearing after notice as provided by sections 475.380 to 475.480 and the determination by the court that the ward has attained majority or has recovered his competency, an order shall be entered to that effect, and the guardian shall file a final account.Upon hearing after notice to the former ward and to the Veterans Administration as in case of other accounts, upon approval of the final account, and upon delivery to the ward of the assets due him from the guardian, the guardian shall be discharged and his sureties released.

(L. 1947 V. I p. 4 § 16)

475.555 - Effective date.

1.Sections 475.501 to 475.555 apply to guardianship and protective proceedings begun on or after August 28, 2011.

2.Articles 1, 3, 4, and sections 475.551 and 475.552 apply to proceedings begun before August 28, 2011, regardless of whether a guardianship or protective order has been issued.

(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)

475.600 - Citation of law.

Sections 475.600, 475.602, and 475.604 shall be known and may be cited as the "Supporting and Strengthening Families Act".

(L. 2018 S.B. 819)

475.400 - Petition for appointment of guardian.

1.A petition for the appointment of a guardian may be filed by any relative or friend of the ward or by any person who is authorized by law to file such a petition.If there is no person so authorized or if the person so authorized refuses or fails to file such a petition within thirty days after mailing of notice by the Veterans Administration to the last known address of the person, if any, indicating the necessity for the same, a petition for appointment may be filed by any resident of this state.

2.The petition for appointment shall set forth the name, age, place of residence of the ward, the name and place of residence of the nearest relative, if known, and the fact that the ward is entitled to receive benefits payable by or through the Veterans Administration and shall set forth the amount of moneys then due and the amount of probable future payments.

3.The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward and the name, age, relationship, if any, occupation and address of the proposed guardian and if the nominee is a natural person, the number of wards for whom the nominee is presently acting as guardian.Notwithstanding any law as to priority of persons entitled to appointment or the nomination in the petition, the court may appoint some other individual or a bank or trust company as guardian if the court determines it is for the best interest of the ward.

4.In the case of a mentally incompetent ward the petition shall show that such ward has been rated incompetent by the Veterans Administration on examination in accordance with the laws and regulations governing the Veterans Administration.

(L. 1947 V. I p. 4 § 5)

475.100 - Bond of conservator of estate of minor or disabled person.

Every conservator of the estate of a minor or disabled person, before entering upon the duties of his office, shall execute and file a bond, approved by the court, procured at the expense of the estate with sufficient surety in an amount fixed by the court.Sections 473.157 to 473.217, relating to the bonds of personal representatives, except subsection 1 of section 473.157 and subsection 1 of section 473.160, are applicable to the bonds of conservators.

(RSMo 1939 §§ 456, 457, A.L. 1955 p. 385 § 302, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 §§ 457, 458; 1919 §§ 453, 454; 1909 §§ 483, 484

475.504 - Communication between courts.

1.A court of this state may communicate with a court in another state concerning a proceeding arising under sections 475.501 to 475.555.The court may allow the parties to participate in the communication.Except as otherwise provided in subsection 2 of this section, the court shall make a record of the communication.The record may be limited to the fact that the communication occurred.

2.Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.

(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)

475.300 - Order for payment to protectee of amount due.

The court shall order payment of the amount found to be due, and the rendition of any effects, property, rights or credits belonging to the protectee, to the protectee, or to the successor of the conservator, or to the personal representative of the protectee, or other person designated by the court, as the case may be, and enforce the order by attachment or execution against the conservator and his sureties.

(RSMo 1939 § 431, A.L. 1955 p. 385 § 341, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 432; 1919 § 428; 1909 § 458

475.604 - Delegation form, contents.

Any form for the delegation of powers authorized under section 475.602 shall be witnessed by a notary public and contain the following information:

(1)The full name of any child for whom parental and legal authority is being delegated;

(2)The date of birth of any child for whom parental and legal authority is being delegated;

(3)The full name and signature of the attorney-in-fact;

(4)The address and telephone number of the attorney-in-fact;

(5)The full name and signature of the parent or legal guardian;

(6)One of the following statements:

(a)"I delegate to the attorney-in-fact all of my power and authority regarding the care, custody, and property of each minor child named above including, but not limited to, the right to enroll the child in school, inspect and obtain copies of education and other records concerning the child, the right to give or withhold any consent or waiver with respect to school activities, medical and dental treatment, and any other activity, function, or treatment that may concern the child.This delegation shall not include the power or authority to consent to marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child."; or

(b)"I delegate to the attorney-in-fact the following specific powers and responsibilities (insert list).This delegation shall not include the power or authority to consent to marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child."; and

(7)A description of the time for which the delegation is being made and an acknowledgment that the delegation may be revoked at any time.

(L. 2018 S.B. 819)

475.200 - Purposes for which property may be sold — petition, examination, order.

1.The real or personal property of the protectee, or any part thereof or any interest therein, may be sold, mortgaged, pledged, leased or exchanged by the conservator of the estate upon such terms as the court may order for the purpose of providing for his care, education, treatment, habilitation, support and maintenance of the protectee or for the care and maintenance of his family or education of his children, and for the payment of the protectee's debts, the payment of expenses and costs of administration, for investment of the proceeds, or in any other case where it is for the best interests of the protectee.

2.To obtain an order to sell, mortgage, lease or exchange real or personal property, the conservator shall present to the court a petition setting forth the condition of the estate and the facts and circumstances on which the petition is founded.If, after a full examination of the petition and the testimony of credible and disinterested witnesses, if such testimony is deemed necessary, it appears to the court that it is for the best interests of the protectee, an appropriate order may be made for any of the purposes under subsection 1 hereof as the court considers suited to the case.

3.If the conservator does not make such application, a creditor or other person interested in the estate may file a like petition, giving twenty days' notice to the conservator.On the filing of the petition the court may order the conservator to furnish such information and records as the court deems necessary.

4.If, upon settlement of the conservator, it appears that the money on hand and anticipated income of the estate is not sufficient for the payment of the costs of the care, education, treatment, habilitation, support and maintenance of the protectee as required by section 475.120, for the maintenance of his family and education of his children under section 475.125, or the payment of claims against the estate, the court may require a hearing to determine if real or personal property of the estate should be sold, mortgaged, pledged, leased or exchanged for that purpose.Upon hearing the matter, the court shall proceed as in the case of a petition filed under either of the preceding subsections.

(L. 1955 p. 385 § 321, A.L. 1957 p. 829, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 §§ 410, 411, 481; 1919 §§ 406, 407, 477; 1909 §§ 436, 437, 507

475.410 - Proof of necessity for appointment — incompetency.

Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the administrator or his duly authorized representative, that such person has been rated incompetent by the Veterans Administration on examination in accordance with the laws and regulations governing such Veterans Administration and that the appointment of a guardian is a condition precedent to the payment of any moneys due such ward by the Veterans Administration, shall be prima facie evidence of the necessity for such appointment.

(L. 1947 V. I p. 4 § 7)

475.110 - Removal of guardian or conservator — incapacitated or disabled person, continuation of guardianship after dissolution of marriage, when.

1.When a minor ward has attained the age of fourteen years, the guardian of his or her person may be removed on petition of the ward to have another person appointed guardian if it is for the best interests of the ward that such other person be appointed.When the spouse of an incapacitated or disabled person is appointed his or her guardian or conservator, such spouse shall be removed as guardian or conservator upon dissolution of his or her marriage with the incapacitated or disabled person.A guardian or conservator may also be removed on the same grounds as is provided in section 473.140 for the removal of personal representatives.

2.Notwithstanding subsection 1 of this section, a spouse whose marriage to the ward was dissolved may petition the court to remain as or be reappointed guardian or conservator of the incapacitated or disabled person in accordance with section 475.115.

(L. 1955 p. 385 § 304, A.L. 1983 S.B. 44 & 45, A.L. 2001 H.B. 454)

475.010 - Definitions.

When used in this chapter, unless otherwise apparent from the context, the following terms mean:

(1)"Adult", a person who has reached the age of eighteen years;

(2)"Claims", liabilities of the protectee arising in contract, in tort or otherwise, before or after the appointment of a conservator, and liabilities of the estate which arise at or after the adjudication of disability or after the appointment of a conservator of the estate, including expenses of the adjudication and of administration.The term does not include demands or disputes regarding title of the protectee to specific assets alleged to be included in the estate;

(3)"Conservator", one appointed by a court to have the care and custody of the estate of a minor or a disabled person.A "limited conservator" is one whose duties or powers are limited.The term "conservator", as used in this chapter, includes limited conservator unless otherwise specified or apparent from the context;

(4)"Conservator ad litem", one appointed by the court in which particular litigation is pending regarding the management of financial resources on behalf of a minor, a disabled person, or an unborn person in that particular proceeding or as otherwise specified in this chapter;

(5)"Custodial parent", the parent of a minor who has been awarded sole or joint physical custody of such minor, or the parent of an incapacitated person who has been appointed as guardian of such person, by an order or judgment of a court of this state or of another state or territory of the United States, or if there is no such order or judgment, the parent with whom the minor or incapacitated person primarily resides;

(6)"Disabled" or "disabled person", one who is:

(a)Unable by reason of any physical, mental, or cognitive condition to receive and evaluate information or to communicate decisions to such an extent that the person lacks ability to manage the person's financial resources; or

(b)The term disabled or disabled person, as used in this chapter includes the terms partially disabled or partially disabled person unless otherwise specified or apparent from the context;

(7)"Eligible person" or "qualified person", a natural person, social service agency, corporation or national or state banking organization qualified to act as guardian of the person or conservator of the estate pursuant to the provisions of section 475.055;

(8)"Guardian", one appointed by a court to have the care and custody of the person of a minor or of an incapacitated person.A "limited guardian" is one whose duties or powers are limited.A "standby guardian" is one approved by the court to temporarily assume the duties of guardian of a minor or of an incapacitated person under section 475.046.The term guardian, as used in this chapter, includes limited guardian and standby guardian unless otherwise specified or apparent from the context;

(9)"Guardian ad litem", one appointed by a court, in which particular litigation is pending on behalf of a minor, an incapacitated person, a disabled person, or an unborn person in that particular proceeding or as otherwise specified in this code;

(10)"Habilitation", a process of treatment, training, care, or specialized attention that seeks to enhance and maximize the ability of a person with an intellectual disability or a developmental disability to cope with the environment and to live as determined by the person as much as possible, as is appropriate for the person considering his or her physical and mental condition and financial means;

(11)"Incapacitated person", one who is unable by reason of any physical, mental, or cognitive condition to receive and evaluate information or to communicate decisions to such an extent that the person, even with appropriate services and assistive technology, lacks capacity to manage the person's essential requirements for food, clothing, shelter, safety or other care such that serious physical injury, illness, or disease is likely to occur.The term incapacitated person as used in this chapter includes the term partially incapacitated person unless otherwise specified or apparent from the context;

(12)"Interested persons", spouses, children, parents, adult members of a ward's or protectee's family, creditors or any others having a property right or claim against the estate of a protectee being administered, trustees of a trust of which the ward or protectee is a beneficiary, agents of a durable power of attorney for a ward or protectee, and children of a protectee who may have a property right or claim against or an interest in the estate of a protectee.This meaning may vary at different stages and different parts of a proceeding and shall be determined according to the particular purpose and matter involved;

(13)"Least restrictive alternative", with respect to the guardianship order and the exercise of power by the guardian, a course of action or an alternative that allows the incapacitated person to live, learn, and work with minimum restrictions on the person, as are appropriate for the person considering his or her physical and mental condition and financial means.Least restrictive alternative also means choosing the decision or approach that:

(a)Places the least possible restriction on the person's personal liberty and exercise of rights and that promotes the greatest possible inclusion of the person into his or her community, as is appropriate for the person considering his or her physical and mental condition and financial means; and

(b)Is consistent with meeting the person's essential requirements for health, safety, habilitation, treatment, and recovery and protecting the person from abuse, neglect, and financial exploitation;

(14)"Manage financial resources", either those actions necessary to obtain, administer, and dispose of real and personal property, intangible property, business property, benefits, income or any assets, or those actions necessary to prevent waste, loss or dissipation of property, or those actions necessary to provide for the care and support of such person or anyone legally dependent upon such person by a person of ordinary skills and intelligence commensurate with his or her training and education;

(15)"Minor", any person who is under the age of eighteen years;

(16)"Parent", the biological or adoptive mother or father of a child whose parental rights have not been terminated under chapter 211, including:

(a)A person registered as the father of the child by reason of an unrevoked notice of intent to claim paternity under section 192.016;

(b)A person who has acknowledged paternity of the child and has not rescinded that acknowledgment under section 193.215; and

(c)A person presumed to be the natural father of the child under section 210.822;

(17)"Partially disabled person", one who is unable by reason of any physical, mental, or cognitive condition to receive and evaluate information or to communicate decisions to such an extent that such person lacks capacity to manage, in part, his or her financial resources;

(18)"Partially incapacitated person", one who is unable by reason of any physical, mental, or cognitive condition to receive and evaluate information or to communicate decisions to the extent that such person lacks capacity to meet, in part, essential requirements for food, clothing, shelter, safety, or other care without court-ordered assistance;

(19)"Protectee", a person for whose estate a conservator or limited conservator has been appointed or with respect to whose estate a transaction has been authorized by the court under section 475.092 without appointment of a conservator or limited conservator;

(20)"Seriously ill", a significant likelihood that a person will become incapacitated or die within twelve months;

(21)"Social service agency", a charitable organization organized and incorporated as a not-for-profit corporation under the laws of this state and which qualifies as an exempt organization within the meaning of Section 501(c)(3), or any successor provision thereto of the federal Internal Revenue Code;

(22)"Standby guardian", one who is authorized to have the temporary care and custody of the person of a minor or of an incapacitated person under the provisions of section 475.046;

(23)"Treatment", the prevention, amelioration or cure of a person's physical and mental illnesses or incapacities;

(24)"Ward", a minor or an incapacitated person for whom a guardian, limited guardian, or standby guardian has been appointed.

(L. 1955 p. 385 § 283, A.L. 1979 H.B. 95, A.L. 1983 S.B. 44 & 45, A.L. 1994 S.B. 734, A.L. 2009 H.B. 154, A.L. 2014 H.B. 1064, A.L. 2018 S.B. 806)

475.210 - Filing of notice of pendency of action in other court against conservator, effect — disabled persons, application of law.

1.The filing in the probate division of the circuit court of a notice of the pendency in some other court or division of an action, suit or proceeding against the protectee or the conservator, or of a copy of the judgment or decree of such other court or division in such action, suit or proceeding shall be deemed a filing of the claim asserted in such action, suit or proceeding.

2.Section 473.360 shall not apply to the estates of disabled persons.

3.This section shall apply to the estates of disabled persons whose disability is adjudicated on or after August 28, 1993.

(RSMo 1939 § 471, A.L. 1955 p. 385 § 323, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al., A.L. 1993 S.B. 88)

Prior revisions: 1929 § 472; 1919 § 468; 1909 § 498

475.310 - Estate delivered by resident conservator to foreign guardian or conservator, when.

Whenever it appears to the court that any protectee, having a conservator in this state, is not a resident of this state, and has a guardian, conservator, committee or curator in another state, who has a bond adequate to protect the estate, the court may authorize or compel the conservator of such protectee to deliver over to the foreign guardian, conservator, committee or curator all the property of which he may have the custody, belonging to the protectee, and make a full and perfect settlement of his conservatorship with the foreign guardian, conservator, committee or curator.Before the court makes any order under this section, notice of the application therefor shall be given the resident conservator and after hearing the court may grant or refuse the order in accordance with the best interests of the protectee.When such an order is made, the receipt of the foreign guardian, conservator, committee or curator fully discharges the resident conservator, and his sureties, from all liability on account of the property delivered to the foreign guardian, conservator, committee or curator.This section applies when the protectee or his family, being residents of this state, remove to another state or when the court finds it is to the best interests of the protectee that his residence be moved to another state.

(RSMo 1939 §§ 417, 429, A.L. 1955 p. 385 § 343, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 §§ 417, 429; 1919 §§ 413, 425; 1909 §§ 443, 455

475.045 - Who may be appointed guardian of minor.

1.Except in cases where they fail or refuse to give required security or are adjudged unfit for the duties of guardianship or conservatorship, or waive their rights to be appointed, the following persons, if otherwise qualified, shall be appointed as guardians or conservators of minors:

(1)The parent or parents of the minor, except as provided in section 475.030;

(2)If any minor over the age of fourteen years has no qualified parent living, a person nominated by the minor, unless the court finds appointment contrary to the best interests of the minor;

(3)Where both parents of a minor are dead, any person appointed under this section or section 475.046 by the will of the last surviving parent, who has not been adjudged unfit or incompetent for the duties of guardian or conservator.

2.Unfitness of any of the persons mentioned in subsection 1 for the duties of guardianship or conservatorship may be adjudged by the court after due notice and hearing.

3.If no appointment is made under subsection 1 of this section, the court shall appoint as guardian or conservator of a minor the most suitable person who is willing to serve and whose appointment serves the best interests of the child to a stable and permanent placement.

(RSMo 1939 §§ 375, 378, 379, 380, 392, A.L. 1955 p. 385 § 290, A.L. 1983 S.B. 44 & 45, A.L. 2009 H.B. 154)

Prior revisions: 1929 §§ 375, 378, 379, 380, 392; 1919 §§ 371, 374, 375, 376, 388; 1909 §§ 403, 406, 407, 408, 420

CROSS REFERENCE:

Public administrator appointed as guardian, when, 473.743

475.145 - Inventory and appraisement.

When a conservator of the estate has been appointed, an inventory and appraisement of the estate of the protectee shall be made in the same manner and within the same time and subject to the same requirements as are provided in sections 473.233 to 473.243 for the inventory and appraisement of a decedent's estate.The inventory shall include property as to which the protectee is a joint tenant or tenant by the entirety and all policies of life insurance owned by the protectee, whether or not payable to a named beneficiary, together with a statement of all income and benefits to which the protectee is or will be entitled to receive.The inventory shall also disclose any nonprobate transferees designated to receive nonprobate transfers after the protectee's death.

(L. 1955 p. 385 § 310, A.L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)

475.541 - Registration of guardianship orders.

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.

(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)

475.345 - Transactions of protectees voidable, when.

A sale, exchange, lease, gift, contract, release or other transaction affecting his estate entered into by a protectee at a time when he is a minor or lacks sufficient mental capacity to understand the transaction and its effect upon his estate, rights and future welfare is voidable at the option of the protectee or the conservator of his estate unless entered into with the consent of the conservator in the case of transactions which the conservator could enter into without court authorization under section 475.130 or with the authorization or approval of the court.The conservator is under a duty to treat as voidable transactions which are voidable at his option and not beneficial to the protectee or his estate.

(RSMo 1939 § 485, A.L. 1955 p. 385 § 350, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 486; 1919 § 482; 1909 § 512

475.245 - Deeds by conservator or successor, acknowledgment, evidentiary effect — sheriff of county to sign deed, when.

1.Any conservator, having received payment of the purchase money for any real estate sold by him under this law, shall execute and deliver to the purchaser thereof deeds of conveyance for the same, referring in apt and appropriate terms to the order of the court, the advertisement and appraisement and description of the real estate, the time, place and terms of sale, and the payment of the purchase money, and conveying to the purchaser all the right, title and interest of the protectee in the real estate sold.The recitals in the deed are prima facie evidence of the facts stated therein.

2.If any conservator, because of death, removal or other cause, fails to complete any sale, or make the deed, his successor, or if there be none, then the sheriff of the county, on order of the court, shall complete the sale or make the deed.

3.All deeds and conveyances executed by conservators shall be acknowledged and recorded as other instruments conveying real estate, and with like effect, and, when so acknowledged, shall be received in evidence in all courts of this state without further proof.

(RSMo 1939 §§ 408, 409, A.L. 1955 p. 385 § 330, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 §§ 408, 409; 1919 §§ 404, 405; 1909 §§ 434, 435

475.341 - Voidable transactions, exceptions.

1.Except when a public administrator is serving as conservator, a sale, encumbrance, or other transaction involving the management of the conservatorship entered into by the conservator for the conservator's own personal gain or which is otherwise affected by a conflict between the conservator's fiduciary and personal interests is voidable unless the transaction:

(1)Was approved by the court;

(2)Involves a contract entered into or claim acquired by the conservator before the person became or contemplated becoming conservator;

(3)Involves a deposit of estate moneys to a bank operated by the conservator; or

(4)Involves an advance by the conservator of moneys for the protection of the estate.

2.When a public administrator is serving as conservator, the public administrator shall not enter into a transaction for his or her own personal gain.

(L. 2018 S.B. 806)

475.445 - Application of funds.

A guardian shall not apply any portion of the income or the estate for the support or maintenance of any person other than the ward, the spouse and the minor children of the ward, except upon petition to and prior order of the court after a hearing.A signed duplicate or certified copy of said petition shall be furnished the proper office of the Veterans Administration and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account or other pleading.

(L. 1947 V. I p. 4 § 14)

475.211 - Claims against minors or protectees, classification.

All claims against the estate of a minor or other protectee shall be divided into the following classes:

(1)Court costs;

(2)Expenses of administration including fees of the guardian and conservator and their attorneys;

(3)Expenses for the reasonable support and maintenance of the protectee;

(4)All other claims which are filed against the estate as provided by law.

(L. 1983 S.B. 44 & 45, A.L. 1993 S.B. 88)

475.415 - Notice of petition for appointment.

Upon the filing of a petition for the appointment of a guardian under sections 475.380 to 475.480, notice shall be given to the ward, to such other persons, and in such manner as is provided by the general law of this state, and also to the Veterans Administration as provided by sections 475.380 to 475.480.

(L. 1947 V. I p. 4 § 8)

475.011 - Preference for spiritual healing not evidence of incapacity.

Nothing in this chapter shall be construed to constitute evidence of incapacity or partial incapacity of a person solely because such person refuses medical treatment upon the grounds that such person has consistently relied on prayer for healing in accordance with the religion of any church which teaches reliance on spiritual means for healing.

(L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al.)

475.115 - Appointment of successor guardian or conservator — transfer of case, procedure.

1.When a guardian or conservator dies, is removed by order of the court, or resigns and his or her resignation is accepted by the court, the court shall have the same authority as it has in like cases over personal representatives and their sureties and may appoint another guardian or conservator in the same manner and subject to the same requirements as are herein provided for an original appointment of a guardian or conservator.

2.A public administrator may request transfer of any case to the jurisdiction of another county by filing a petition for transfer.If the receiving county meets the venue requirements of section 475.035 and the public administrator of the receiving county consents to the transfer, the court shall transfer the case.The court with jurisdiction over the receiving county shall, without the necessity of any hearing as required by section 475.075, appoint the public administrator of the receiving county as successor guardian and/or successor conservator and issue letters therein.In the case of a conservatorship, the final settlement of the public administrator's conservatorship shall be filed within thirty days of the court's transfer of the case, in the court with jurisdiction over the original conservatorship, and forwarded to the receiving county upon audit and approval.

(RSMo 1939 § 496, A.L. 1955 p. 385 § 305, A.L. 1983 S.B. 44 & 45, A.L. 2011 H.B. 111 merged with H.B. 142 merged with S.B. 57 merged with S.B. 59)

Prior revisions: 1929 § 497; 1919 § 493; 1909 § 523

475.015 - Relationship of guardianship provisions to uniform veterans' guardianship law — powers of Veterans' Administration.

1.Sections 475.380 to 475.480, known as the "Uniform Veterans' Guardianship Act", do not apply to a guardianship proceeding, whether or not the ward is receiving or has received benefits from the Veterans' Administration, if the original petition for appointment of a guardian is filed after December 31, 1980.

2.When the Veterans' Administration is paying disability compensation, dependency and indemnity compensation, or a pension to a person, it has standing to petition for the appointment of a guardian for that person, his property, or both, and to appear as an interested person in any guardianship proceeding instituted for the person or his property by anyone.For purposes of this subsection, none of the following are sufficient to make the Veterans' Administration an interested person in a guardianship proceeding:

(1)Acceptance or guarantee of payment of a mortgage;

(2)Payment of dividends on or proceeds of a government or national service life insurance policy;

(3)Provision of a flag to cover a coffin, a tombstone or burial expenses;

(4)Payment of tuition, cost of books and supplies, or a subsistence allowance to a person entitled to educational benefits;

(5)Provision of hospitalization, surgery, or medical care.

(L. 1955 p. 385 § 284, A.L. 1980 S.B. 637, A.L. 1981 S.B. 117)

Effective 6-10-81

475.315 - Receipt by protectee, successor or others, discharge.

Successors of conservators or personal representatives, having received all money and other estate found to be due to their protectees or to the estate of a deceased protectee, and protectees having received all money and other estate due from their conservators on the expiration of their conservatorship, shall acknowledge satisfaction of record in the proper court; or if the protectee, on due notice, neglects or refuses to make acknowledgment, or cannot be found in the county to be served with notice, the court shall enter a discharge of his conservator on the record and give him a certificate therefor but the court shall not enter the discharge, nor give such certificate, until the conservator has exhibited to the court the written statement of the protectee, acknowledging the receipt of all money and other property due from the conservator, which written statement shall be signed by the protectee and in every case acknowledged by the protectee to be his free act and deed, before some officer authorized by law to take acknowledgment of deeds.Upon acknowledgment of satisfaction the conservator shall be discharged of record.

(RSMo 1939 § 433, A.L. 1955 p. 385 § 344, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 434; 1919 § 430; 1909 § 460

475.040 - Change of venue.

If it appears to the court, acting on the petition of the guardian, the conservator, the respondent or of a ward over the age of fourteen, or on its own motion, at any time before the termination of the guardianship or conservatorship, that the proceeding was commenced in the wrong county, or that the domicile or residence of the ward or protectee has been changed to another county, or in case of conservatorship of the estate that it would be for the best interest of the ward or disabled person and his estate, the court may order the proceeding with all papers, files and a transcript of the proceedings transferred to the probate division of the circuit court of another county.The court to which the transfer is made shall take jurisdiction of the case, place the transcript of record and proceed to the final settlement of the case as if the appointment originally had been made by it.

(L. 1955 p. 385 § 289, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45)

475.544 - State law applicability.

Except where inconsistent with sections 475.541, 475.542, and 475.543, the laws of this state relating to the registration and recognition of the acts of a foreign guardian, curator, or conservator contained in sections 475.335 to 475.340 shall be applicable.

(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)

475.140 - Notice of conservatorship of disabled persons.

1.The clerk, as soon as letters of conservatorship of the estate of any disabled person are issued, upon the basis of a determination of disability other than minority, shall cause to be published in some newspaper a notice of the appointment of the conservator, in which shall be included a notice to creditors of the protectee to file their claims in the court or be forever barred.The notice shall be published once a week for four consecutive weeks in accordance with section 472.100.Such notice shall be in substantially the following form:

TO ALL PERSONS INTERESTED IN THE ESTATE OF ______, A DISABLED PERSON:
On the ______ day of ______, 20______, ______ was appointed conservator of the estate of ______, a person adjudicated disabled under the laws of Missouri, by the Probate Division of the Circuit Court of ______ County, Missouri. The business address of the conservator is ______. All creditors of said disabled person are notified to file their claims in the Probate Division of the Circuit Court. Date of first publication ______
_________________________________________________________________
Clerk of the Probate Division of the Circuit Court of
______ County, Missouri

2.The court, in its discretion, may waive publication of notice or defer it until a definite date or until further order of the court.

3.When a limited conservator has been appointed, the notice shall so specify.

(L. 1955 p. 385 § 309, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 1993 S.B. 88)

475.340 - Mortgage or sale of real estate of ward by nonresident conservator.

1.When a nonresident person, owning real estate in this state, has a guardian, committee, curator or conservator of the estate in the state or territory in which he resides, the probate division of the circuit court in the proper county may authorize his guardian, committee, curator or conservator of the estate, either in person or by his agent, acting under power of attorney, to mortgage, or renew or extend any mortgage, on the person's real estate, or to sell the real estate and receive the proceeds of sale, and in case the person dies before the sale is completed, the guardian, curator, conservator, or agent shall complete the sale and pay the proceeds to the personal representative of the person.

2.Before any order is made for the payment of money to a nonresident guardian, curator, committee or conservator of the estate, or for the sale, mortgage, or renewal or extension of a mortgage on the property of the person by him, he shall produce satisfactory evidence to the court that he has given bond and security, as guardian, curator, committee or conservator, in the state or territory in which he and the person reside, in an amount sufficient under the laws of the state or territory in which he and his ward reside to cover the sum to be paid him or the appraised value of the property to be sold, in addition to such other property as is in his hands; and the proof shall consist of a copy of the record setting forth his appointment as guardian, committee, curator or conservator, and also a copy of his bond, executed as such, certified according to the act of Congress which regulates the authentication of records.

(RSMo 1939 §§ 404, 415, A.L. 1955 p. 385 § 349, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al.)

Prior revisions: 1929 §§ 404, 415; 1919 §§ 400, 411; 1909 § 441

475.240 - Report and approval of sale.

Whenever any conservator sells any real estate belonging to his protectee, under an order of court, he shall report the sale to the court ordering the sale, within the same time and in the same manner as personal representatives are required by law to report sales of real estate made by them for the payment of debts.The report shall remain on file ten days before being acted upon and shall be proceeded upon as in the case of sales of real estate by a personal representative.Any sale, if approved by the court, is valid to all intents and purposes.If the court refuses to approve the report, the order of sale may be renewed, and the same proceedings shall be had as upon the original order.

(RSMo 1939 § 407, A.L. 1955 p. 385 § 329, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 407; 1919 § 403; 1909 § 433

475.440 - Investment of funds.

Every guardian shall invest the surplus funds of his ward's estate in such securities or property as authorized under the laws of this state but only upon prior order of the court; except that the funds may be invested, without prior court authorization, in direct unconditional interest-bearing obligations of this state or of the United States and in obligations the interest and principal of which are unconditionally guaranteed by the United States.A signed duplicate or certified copy of the petition for authority to invest shall be furnished the proper office of the Veterans Administration, and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account.

(L. 1947 V. I p. 4 § 13)

475.150 - Appraisement not required, when.

When any personal estate is received by a conservator from a personal representative, or former conservator, which has been appraised, it is not necessary for the conservator to cause the same to be appraised again, but he shall state in his inventory the appraised value as it appears in the appraisement of the personal representative, or former conservator, and be held to account accordingly.

(RSMo 1939 § 399, A.L. 1955 p. 385 § 311, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 399; 1919 § 395; 1909 § 427

475.050 - Appointment of guardian or conservator of disabled or incapacitated persons — order of priority.

1.Before appointing any other eligible person as guardian of an incapacitated person, or conservator of a disabled person, the court shall consider the suitability of appointing any of the following persons, listed in the order of priority, who appear to be willing to serve:

(1)If the incapacitated or disabled person is, at the time of the hearing, able to make and communicate a reasonable choice, any eligible person nominated by the person;

(2)Any eligible person nominated in a durable power of attorney executed by the incapacitated or disabled person, or in an instrument in writing signed by the incapacitated or disabled person and by two witnesses who signed at the incapacitated or disabled person's request, before the inception of the person's incapacity or disability;

(3)The spouse, parents, adult children, adult brothers and sisters and other close adult relatives of the incapacitated or disabled person;

(4)Any other eligible person or, with respect to the estate only, any eligible organization or corporation, nominated in a duly probated will of such a spouse or relative.

2.The court shall not appoint an unrelated third party as a guardian or conservator unless there is no relative suitable and willing to serve or if the appointment of a relative or nominee is otherwise contrary to the best interests of the incapacitated or disabled person.If the incapacitated or disabled person is a minor under the care of the children's division and is entering adult guardianship or conservatorship, it shall be a rebuttable presumption that he or she has no relative suitable and willing to serve as guardian or conservator.

3.Except for good cause shown, the court shall make its appointment in accordance with the incapacitated or disabled person's most recent valid nomination of an eligible person qualified to serve as guardian of the person or conservator of the estate.

4.Except for those individuals specified in subdivisions (1) and (2) of this subsection, the court shall require all guardians and conservators who are seeking appointment and who have a fiduciary responsibility to a ward, an incapacitated person, or a disabled person to submit at their own expense to a background screening that shall include the disqualification lists of the departments of mental health, social services, and health and senior services; the abuse and neglect registries for adults and children; a Missouri criminal record review; and the sexual offender registry.Individuals seeking appointment as a conservator shall also submit, at their own expense, to a credit history investigation.The nominated guardian or conservator shall file the results of the reports with the court at least ten days prior to the appointment hearing date unless waived or modified by the court for good cause shown by an affidavit filed simultaneously with the petition for appointment or in the event the protected person requests an expedited hearing.The provisions of this subsection shall not apply to:

(1)Public administrators; or

(2)The ward's, incapacitated person's, or disabled person's spouse, parents, children who have reached eighteen years of age, or siblings who have reached eighteen years of age.

5.Guardians certified by a national accrediting organization may file proof of certification in lieu of the requirements of subsections 4 and 6 of this section.

6.An order appointing a guardian or conservator shall not be signed by the judge until such reports have been filed with the court and reviewed by the judge, who shall consider the reports in determining whether to appoint a guardian or conservator.Such reports, or lack thereof, shall be certified either by an affidavit or by obtaining a certified copy of the reports.No reports or national criminal history record check shall be required by the court upon the application of a petitioner for an emergency temporary guardianship or emergency temporary conservatorship.The court may waive the requirements of this subsection for good cause shown.If appointed, a guardian or conservator may petition the court for reimbursement of the reasonable expenses of the credit history investigation and background screenings.

(L. 1983 S.B. 44 & 45, A.L. 1989 H.B. 145, A.L. 1994 S.B. 734, A.L. 1996 S.B. 719, A.L. 2018 S.B. 806)

475.250 - Effect of conveyance.

Every conveyance, mortgage, lease and assurance made under the order of the probate division of a circuit court, pursuant to the provisions of this law, is as valid and as effectual as if the same had been executed by a person of full age and of sound mind.

(RSMo 1939 § 483, A.L. 1955 p. 385 § 331, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 484; 1919 § 480; 1909 § 510

Effective 1-02-79

475.350 - Incapacitated public officer, proceedings.

If any person adjudicated incapacitated by the judge of the probate division of the circuit court is, at the time of the adjudication, a duly qualified public officer of this state, or of any county in this state, or of any municipality in this state, his office is deemed vacant, and the judge of the court shall certify the fact of such adjudication to the officer or tribunal having power to fill the vacancy; and the vacancy shall be filled during the incapacity of such officer.

(RSMo 1939 § 451, A.L. 1955 p. 385 § 351, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 452; 1919 § 448; 1909 § 478

475.450 - Purchase of home for ward.

1.The court may authorize the purchase of the entire fee simple title to real estate in this state in which the guardian has no interest, but only as a home for the ward, or to protect his interest, or (if he is not a minor) as a home for his wife and minor children, or a parent if wholly dependent upon him for his or her support.Such purchase of real estate shall not be made except upon the entry of an order of the court after hearing upon verified petition.A copy of the petition shall be furnished the proper office of the Veterans Administration and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account.

2.Before authorizing such purchase the court shall require written evidence of value and of title and of the advisability of acquiring such real estate.Title shall be taken in the ward's name.This section does not limit the right of the guardian on behalf of his ward to bid and to become the purchaser of real estate at a sale thereof pursuant to decree of foreclosure of lien held by or for the ward, or at a trustee's sale, to protect the ward's right in the property so foreclosed or sold; nor does it limit the right of the guardian, if such be necessary to protect the ward's interest and upon prior order of the court in which the guardianship is pending, to agree with cotenants of the ward for a partition in kind, or to purchase from cotenants the entire undivided interests held by them, or to bid and purchase the same at a sale under a partition decree, or to compromise adverse claims of title to the ward's realty.

(L. 1947 V. I p. 4 § 15)

475.505 - Cooperation between courts.

1.In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to:

(1)Hold an evidentiary hearing;

(2)Order a person in that state to produce evidence or give testimony pursuant to procedures of that state;

(3)Order that an evaluation or assessment be made of the respondent;

(4)Order any appropriate investigation of a person involved in a proceeding;

(5)Forward to the court of this state a certified copy of the transcript or other record of a hearing under subdivision (1) of subsection 1 of this section or any other proceeding, any evidence otherwise produced under subdivision (2) of subsection 1 of this section, and any evaluation or assessment prepared in compliance with an order under subdivisions (3) and (4) of subsection 1 of this section;

(6)Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person;

(7)Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 CFR 160.103, as amended.

2.If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection 1 of this section, a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.

(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)

475.405 - Proof of necessity for appointment — minority.

Where a petition is filed for the appointment of a guardian for a minor, a certificate of the administrator or his authorized representative, setting forth the age of such minor as shown by the records of the Veterans Administration and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the Veterans Administration shall be prima facie evidence of the necessity for such appointment.

(L. 1947 V. I p. 4 § 6)

475.501 - Short title.

Sections 475.501 to 475.555 may be cited as the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act".

(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)

475.105 - Letters of guardianship or conservatorship — form.

1.When a duly appointed guardian or conservator has given bond, as required by law, and the bond has been approved, letters under the seal of the court shall be issued to the person appointed.Such letters shall specify whether they are of guardianship, limited guardianship, or standby guardianship of the person, or conservatorship or limited conservatorship of the estate, or both, and the original or duly certified copies thereof shall be prima facie evidence of the facts therein stated.

2.Letters of guardianship and conservatorship for minors may be in the following form:

IN THE PROBATE DIVISION OF THE
CIRCUIT COURT OF ______ COUNTY, MISSOURI
LETTERS OF (STANDBY) GUARDIANSHIP
(AND CONSERVATORSHIP) OF MINOR
Estate No. ______
On ______ was appointed and has qualified as (standby) guardian of the person (and conservator of the estate) for the following minor(s):
______ Born ______, 20______
______ Born ______, 20______
______ Born ______, 20______
______ Born ______, 20______
By reason thereof, the above-named (standby) guardian (and conservator) is authorized and empowered to perform the duties of such (standby) guardian (and conservator) as provided by law under the supervision of the court having care and custody of the person (and of the estate) of the above-named minor(s).
IN TESTIMONY WHEREOF, the undersigned Clerk has signed these letters and affixed the seal of this court on ______
__________________
Clerk
Recorded on ______ in Book ______ at Page ______
__________________
Clerk

3.Letters of guardianship and conservatorship for incapacitated and disabled persons may be in the following form:

IN THE PROBATE DIVISION OF THE
CIRCUIT COURT OF ______ COUNTY, MISSOURI
LETTERS OF (STANDBY) GUARDIANSHIP OF INCAPACITATED PERSON
(AND CONSERVATORSHIP OF DISABLED PERSON)
Estate No. ______
On ______, ______ was appointed and has qualified as (standby) guardian of the person (and conservator of the estate) for ______, an incapacitated (and disabled) person.
By reason thereof, the above-named (standby) guardian (and conservator) is authorized and empowered to perform the duties of such (standby) guardian (and conservator) as provided by law under the supervision of the court having care and custody of the person (and estate) of the above-named incapacitated (and disabled) person.
IN TESTIMONY WHEREOF, the undersigned Clerk has signed these letters and affixed the seal of this court on ______, 20______
__________________
Clerk

(RSMo 1939 § 393, A.L. 1955 p. 385 § 303, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al., A.L. 2009 H.B. 154)

Prior revisions: 1929 § 393; 1919 § 389; 1909 § 421

475.305 - Enforcement of order of payment.

If the conservator fails to pay the money ordered to be paid, the same proceedings may be had against him and his sureties to compel payment as are authorized in cases where a personal representative fails, when ordered, to pay claims against an estate.

(RSMo 1939 § 432, A.L. 1955 p. 385 § 342, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 433; 1919 § 429; 1909 § 459

475.205 - Claims against estate — procedure.

All claims against the estate of a protectee, whether they constitute liabilities of the protectee which arose before or after the conservatorship, or liabilities incurred by the conservator for the benefit of the protectee or his estate, may be filed in the probate division of the circuit court.After hearing, the probate division of the circuit court may allow a claim so filed, in whole or in part, or disallow it.An order allowing a claim has the effect of a judgment and bears interest at the legal rate, unless the claim provides for a different rate, in which case the judgment shall be rendered accordingly.

(RSMo 1939 § 471, A.L. 1955 p. 385 § 322, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 472; 1919 § 468; 1909 § 498

475.270 - Annual settlements required, when, exception — information required.

1.Every conservator shall file with the court annually, or more often if required by the court, a settlement of the conservator's accounts if required by the court detailing the current status of the estate under conservatorship.The annual settlement shall be made at a time fixed by the court within sixty days after the anniversary of the appointment of such conservator.

2.Each settlement of a conservator shall conform to the requirements of section 473.543 as to settlements in decedents' estates.

3.If the conservatorship estate meets the indigency standards prescribed by chapter 208, is under the control of another fiduciary, including a Social Security representative payee or Veterans Affairs fiduciary, or if the assets of a protectee have been placed in restricted custody, the court may waive the requirements that the settlement comply with the requirements of section 473.543 and require the conservator to report, in a form prescribed by the court, the following information:

(1)A statement of any money or property received during the preceding year including the date, source and amount or value;

(2)A statement of disbursements made and the purpose thereof;

(3)The total amount of money or property on hand;

(4)The name and address of any depositary where estate funds are deposited and the amounts thereof.

4.Except when a public administrator is serving as conservator, in addition to the information required under subsection 3 of this section, the settlement shall include:

(1)The present address of the protectee;

(2)The present address of the conservator;

(3)The services being provided to the protected person;

(4)The significant actions taken by the conservator during the reporting period;

(5)An opinion of the conservator as to the continued need for conservatorship and any recommended changes in the scope of the conservatorship;

(6)The compensation requested and the reasonable and necessary expenses incurred by the conservator;

(7)A plan for the coming year; and

(8)Any other information requested by the court or useful in the opinion of the conservator.

(RSMo 1939 §§ 420, 484, A.L. 1955 p. 385 § 335, A.L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)

Prior revisions: 1929 §§ 420, 485; 1919 §§ 416, 481; 1909 §§ 446, 511

475.529 - Proceedings in more than one state.

Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state as provided in subdivision (1) or (2) of subsection 1 of section 475.524, if a petition for the appointment of a guardian or issuance of a protective order is filed in this and in another state and neither petition has been dismissed or withdrawn, the following rules apply:

(1)If the court in this state has jurisdiction under section 475.523, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to section 475.523 before the appointment or issuance of the order.

(2)If the court in this state does not have jurisdiction under section 475.523, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state.If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.

(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)

475.370 - Exhaustion of estate.

1.If the estate of any incapacitated ward or protectee is insufficient to pay his debts, to maintain himself and family, or educate his children, his guardian or conservator may apply to the county commission of the proper county, by petition, setting forth the particulars, and praying for an appropriation from the county treasury for the support of his ward or protectee.

2.The petition shall be accompanied by a true and perfect account of the guardianship or conservatorship, an inventory of the estate and effects, and a list of the debts due from such incapacitated person, and it shall be verified by the affidavit of the petitioner.

3.If the county commission is satisfied that the estate and effects are insufficient for the purposes above specified, it may order such sum to be paid to the guardian or conservator, out of the county treasury, as to it shall appear reasonable, and cause a warrant to be issued accordingly.

4.But no allowance shall be made, at any one time, for a period longer than one year, nor shall the order be made at any time, unless the guardian or conservator has duly accounted, and settled with the probate division of the circuit court, for the moneys and effects which have come to his hands for the support of his ward or protectee, out of the county treasury or otherwise.

(RSMo 1939 §§ 488, 489, 490, 491, A.L. 1955 p. 385 § 355, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 §§ 489, 490, 491, 492; 1919 §§ 485, 486, 487, 488; 1909 §§ 515, 516, 517, 518

475.097 - Conservator or guardian ad litem — conflicts of interest, removal.

1.If a natural or appointed guardian or conservator is not effectively performing his duties and the court further finds that the welfare of the minor or incapacitated or disabled person requires immediate action, it may, with or without notice, appoint a guardian or conservator ad litem for the minor or incapacitated or disabled person.An appointment of a guardian or conservator ad litem shall be by its terms limited in duration to the period preceding the hearing on a petition for appointment or removal of a permanent guardian or conservator or for a specified period not to exceed six months.A guardian ad litem of the person is entitled to the care and custody of the ward, a conservator ad litem is entitled to the care and custody of the property of the protectee, and the authority of a permanent guardian or conservator previously appointed by the court is suspended so long as a guardian or conservator ad litem has authority.A guardian or conservator ad litem may be removed at any time.A guardian or conservator ad litem shall make any report the court requires.The expenses and reasonable compensation of a guardian or conservator ad litem may be taxed as costs.In other respects the provisions of this code concerning guardians and conservators apply to guardians and conservators ad litem.

2.In addition to the provisions of the rules of civil procedure relating to parties, if it is suggested in a petition filed by the protectee, creditor or other interested person, including a person interested in expectancy, reversion or otherwise, or if it affirmatively appears to the court that there is a possible conflict of interest between the ward or protectee and his guardian or conservator, the court may appoint a guardian or conservator ad litem to represent the ward or protectee in any proceeding to adjudicate the rights of the parties.The guardian or conservator ad litem shall have only such authority as is provided in the order of appointment and shall serve until discharged by the court.

(L. 1983 S.B. 44 & 45, A.L. 1986 S.B. 787)

Effective 6-03-86

(1987) Order appointing an interested person a conservator ad litem pursuant to this section was not subject to interlocutory appeal. Cordes v. Caldwell, 731 S.W.2d 463 (Mo.App.E.D.).

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.

(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)

475.093 - Court may authorize participation in family trust.

1.If the court finds that the establishment of a trust would be in the protectee's best interest, the court may authorize the establishment of a trust account for the benefit of a protectee pursuant to sections 402.199 to 402.208, if it finds that the protectee qualifies as a life beneficiary pursuant to subdivision (1) of section 402.200, or the court may authorize the establishment of such trust for the benefit of a protectee pursuant to section 475.092.

2.A trust account established pursuant to sections 402.199 to 402.208 will be in the best interest of the protectee, notwithstanding the fact that a sum not exceeding twenty-five percent of the principal balance as defined in subdivision (9) of section 402.200 will be distributed to the charitable trust of the Missouri family trust as prescribed by section 402.203.

(L. 1996 S.B. 768, A.L. 1998 S.B. 852 & 913, A.L. 1999 S.B. 211 merged with S.B. 386, A.L. 2011 S.B. 70)

475.470 - Short title.

Sections 475.380 to 475.480 may be cited as "The Uniform Veterans' Guardianship Law".

(L. 1947 V. I p. 4 § 19)

475.121 - Admission to mental health or developmental disability facilities.

1.Pursuant to an application alleging that the admission of the ward to a particular mental health or developmental disability facility is appropriate and in the best interest of the ward, the court may authorize the guardian or limited guardian to admit the ward to such facility.Such application shall be accompanied by a physician's statement setting forth the factual basis for the need for continued admission including a statement of the ward's current diagnosis, plan of care, treatment or habilitation and the probable duration of the admission.

2.If the court finds that the application establishes the need for inpatient care, habilitation or treatment of the ward in a mental health or developmental disability facility without the adduction of further evidence, it shall issue an order authorizing the guardian to admit the ward to such facility in accordance with the provisions of section 632.120 or section 633.120.

3.The court may, in its discretion, appoint an attorney to represent the ward.The attorney shall meet with the ward and may request a hearing on the application.If a hearing is requested, the court shall set the application for hearing.If there is no request for hearing, the court may rule on the application without a hearing.The attorney for the ward shall be allowed a reasonable fee for his services rendered to be assessed as costs under section 475.085.

4.Proceedings under this section may be combined with adjudication proceedings under section 475.075.

(L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al., A.L. 2011 H.B. 555 merged with H.B. 648)

475.525 - Exclusive and continuing jurisdiction.

Except as otherwise provided in section 475.524, a court that has appointed a guardian or issued a protective order consistent with sections 475.501 to 475.555 has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.

(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)

475.425 - Filing of accounts — notice of hearing.

1.Every guardian, who has received or shall receive on account of his ward any moneys or other thing of value from the Veterans Administration shall file with the court annually, on the anniversary date of the appointment, in addition to such other accounts as may be required by the court, a full, true, and accurate account under oath of all moneys or other things of value so received by him, all earnings, interest or profits derived therefrom and all property acquired therewith and of all disbursements therefrom, and showing the balance thereof in his hands at the date of the account and how invested.

2.The guardian, at the time of filing any account, shall exhibit all securities or investments held by him to an officer of the bank or other depositary wherein said securities or investments are held for safekeeping or to an authorized representative of the corporation which is surety on his bond, or to the judge or clerk of a court of record in this state, or, upon request of the guardian or other interested party, to any other reputable person designated by the court, who shall certify in writing that he has examined the securities or investments and identified them with those described in the account, and shall note any omissions or discrepancies.If the depositary is the guardian, the certifying officer shall not be the officer verifying the account.The guardian may exhibit the securities or investments to the judge of the court, who shall endorse on the account and copy thereof a certificate that the securities or investments shown therein as held by the guardian were each in fact exhibited to him and that those exhibited to him were the same as those shown in the account, and noting any omission or discrepancy.That certificate and the certificate of an official of the bank in which are deposited any funds for which the guardian is accountable, showing the amount on deposit, shall be prepared and signed in duplicate and one of each shall be filed by the guardian with his account.

3.At the time of filing in the court any account, a certified copy thereof and a signed duplicate of each certificate filed with the court shall be sent by the guardian to the office of the Veterans Administration having jurisdiction over the area in which the court is located.A signed duplicate or a certified copy of any petition, motion or other pleading, pertaining to an account, or to any matter other than an account, and which is filed in the guardianship proceedings or in any proceeding for the purpose of removing the disability of minority or mental incapacity, shall be furnished by the person filing the same to the proper office of the Veterans Administration.Unless hearing be waived in writing by the attorney of the Veterans Administration, and by all other persons, if any, entitled to notice, the court shall fix a time and place for the hearing on the account, petition, motion or other pleading not less than fifteen days nor more than thirty days from the date same is filed, unless a different available date be stipulated in writing.Unless waived in writing, written notice of the time and place of hearing shall be given the Veterans Administration office concerned and the guardian and any others entitled to notice not less than fifteen days prior to the date fixed for the hearing.The notice may be given by mail in which event it shall be deposited in the mails not less than fifteen days prior to said date.The court, or clerk thereof, shall mail to said Veterans Administration office a copy of each order entered in any guardianship proceeding wherein the administrator is an interested party.

4.If the guardian is accountable for property derived from sources other than the Veterans Administration, he shall be accountable as is or may be required under the applicable law of this state pertaining to the property of minors or persons of unsound mind who are not beneficiaries of the Veterans Administration, and as to such other property shall be entitled to the compensation provided by such law.The account for other property may be combined with the account filed in accordance with this section.

(L. 1947 V. I p. 4 § 10)

475.325 - Escheat of minor's estate, when.

If upon the final settlement of a minor's estate, made upon his arrival at eighteen years of age, the residence or whereabouts of the protectee is unknown to his conservator or the court before whom such settlement is made or if the protectee refuses to accept and receipt for the balance found owing to him before the time for appeal from the settlement has expired, any funds remaining in the conservator's hands shall be ordered paid into the state treasury in like manner and subject to the same provisions in favor of the protectee as now provided by sections 470.010 to 470.260 in cases of nonappearing and nonclaiming distributees and legatees.

(RSMo 1939 § 438, A.L. 1955 p. 385 § 346, A.L. 1979 H.B. 95, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 439; 1919 § 435; 1909 § 465

475.078 - Effect of adjudication.

1.An adjudication of partial incapacity or partial disability does not operate to impose upon the ward or protectee any legal disability provided by law except to the extent specified in the order of adjudication, provided that the court shall not impose upon the ward or protectee any legal disability other than those which are consistent with the condition of the ward or protectee.

2.An adjudication of incapacity or disability does operate to impose upon the ward or protectee all legal disabilities provided by law, except to the extent specified in the order of adjudication or otherwise in this chapter, and provided further that the court is without authority to impose any legal disability upon a disabled person for whom a conservator has been appointed by reason of the person's disappearance, detention, or confinement.

3.A person who has been adjudicated incapacitated or disabled or both shall be presumed to be incompetent, except as otherwise specified in this chapter.A person who has been adjudicated partially incapacitated or partially disabled or both shall be presumed to be competent.The court at any time after a hearing on the question may determine that an incapacitated, disabled, or partially incapacitated or partially disabled person is incompetent for some purposes and competent for other purposes.

4.The court may expressly enter an order that the ward's or protectee's right to vote shall be retained even though the ward or protectee is otherwise totally incapacitated; that the ward or protectee is permitted to drive a motor vehicle if the ward or protectee can pass the required driving test; or that the ward or protectee retains the right to marry.

(L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)

475.025 - Rights of parents as natural guardians of minors.

In all cases not otherwise provided for by law, the father and mother, with equal powers, rights and duties, while living, and in case of the death of either parent the survivor, or when there is no lawful father, then the mother, if living, is the natural guardian of their children, and has the custody and care of their persons and education.When the estate of a minor is derived from a parent, the parent as natural guardian has all of the powers of a conservator appointed by a court, with respect to property derived from him, except that no court order or authorization is necessary to exercise these powers and the natural guardian may invest, sell and reinvest the estate of the minor in such property as is reasonable and prudent.

(RSMo 1939 § 375, A.L. 1955 p. 385 § 286, A.L. 1957 p. 829, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 375; 1919 § 371; 1909 § 430

(1958) Where child's estate was derived solely from father, court did not err in dismissing father's petition for declaratory judgment stating his right as natural guardian of child under § 475.025, as it was before reenactment in 1957, since by its terms the section applied only to children's estates derived from both parents and in addition all questions as to father's powers and rights as natural guardian were moot at the date of judgment. Dyer v. Union Electric Co. (A.), 318 S.W.2d 401.

475.521 - Definitions — significant connection factors.

1.In this article, the following terms mean:

(1)"Emergency", a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf;

(2)"Home state", the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition;

(3)"Significant-connection state", a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.

2.In determining under section 475.523 and subsection 5 of section 475.531 whether a respondent has a significant connection with a particular state, the court shall consider:

(1)The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;

(2)The length of time the respondent at any time was physically present in the state and the duration of any absence;

(3)The location of the respondent's property; and

(4)The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services.

(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)

475.125 - Support and education of protectee and dependents.

1.The court may make orders for the management of the estate of the protectee for the care, education, treatment, habilitation, respite, support and maintenance of the protectee and for the support and maintenance of the protectee's family and education of the protectee's spouse and children, according to the protectee's means and obligation, if any, out of the proceeds of the protectee's estate, and may direct that payments for such purposes shall be made weekly, monthly, quarterly, semiannually or annually.The payments ordered under this section may be decreased or increased from time to time as ordered by the court.

2.In setting the amount of the support allowance for the protectee or any other persons entitled to such support, the court shall consider the previous standard of living of the spouse or other family members, the composition of the estate, the income and other assets available to the protectee and the other persons, and the expenses of the protectee or the other persons entitled to support.

3.Appropriations for any such purposes, expenses of administration and allowed claims shall be paid from the property or income of the estate.The court may authorize the conservator to borrow money and obligate the estate for the payment thereof if the court finds that funds of the estate for the payment of such obligation will be available within a reasonable time and that the loan is necessary.If payments are made to another under the order of the court, the conservator of the estate is not bound to see to the application thereof.

4.In acting under this section the court shall take into account any duty imposed by law or contract upon a parent or spouse of the protectee, a government agency, a trustee, or other person or corporation, to make payments for the benefit of or provide support, education, care, treatment, habilitation, respite, maintenance or safekeeping of the protectee and the protectee's dependents.The guardian of the person and the conservator of the estate shall endeavor to enforce any such duty.

(RSMo 1939 §§ 402, 474, A.L. 1955 p. 385 § 307, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 2016 H.B. 1765, A.L. 2018 S.B. 806)

Prior revisions: 1929 §§ 402, 475; 1919 §§ 398, 472; 1909 §§ 430, 502

475.435 - Compensation of guardian.

Compensation payable to guardians shall be based upon services rendered and shall not exceed five percent of the amount of moneys received during the period covered by the account.In the event of extraordinary services by any guardian, the court, upon petition and hearing thereon, may authorize reasonable additional compensation therefor.A copy of the petition and notice of hearing thereon shall be given the proper office of the Veterans Administration in the manner provided in the case of hearing on a guardian's account or other pleading.No commission or compensation shall be allowed on the moneys or other assets received from a prior guardian nor upon the amount received from liquidation of loans or other investments.

(L. 1947 V. I p. 4 § 12)

(1957) Where guardian, who was wife of incompetent, made twenty-eight annual settlements before her death and never claimed or received any commissions, she was held to have waived right to commissions. Pasley v. Marshall (A.), 305 S.W.2d 879.

475.235 - Order of sale, contents.

The court may order the real estate sold at public or private sale, or it may, in its order, provide that the conservator may sell at either public or private sale, at his option; but in no case shall the same be sold for less than three-fourths of its appraised value, nor shall the conservator become the purchaser, either directly or indirectly, of any of the property sold under the provisions of this law.

(RSMo 1939 § 406, A.L. 1955 p. 385 § 328, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 406; 1919 § 402; 1909 § 432

475.335 - Payment and delivery to foreign guardian or conservator.

Any person indebted to a minor or disabled person or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a minor or disabled person may pay such debt or deliver such property or instrument to a conservator, curator, committee, guardian of the estate or other like fiduciary appointed by a court of the state of residence of the person, upon being presented with proof of his appointment and an affidavit made by him or on his behalf stating:

(1)That no application for appointment of a conservator or conservatorship proceeding relating to the person is pending in this state; and

(2)That the foreign guardian, conservator, committee or curator is entitled to payment or to receive delivery.

If the person to whom the affidavit is presented is not aware of any conservatorship proceeding pending in this state, payment or delivery in response to the demand and affidavit discharges the debtor or possessor.

(RSMo 1939 § 416, A.L. 1955 p. 385 § 348, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 416; 1919 § 412; 1909 § 442

475.531 - Transfer of guardianship or conservatorship to another state.

1.A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.

2.Notice of a petition under subsection 1 of this section shall be given to those persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.

3.On the court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection 1 of this section.

4.The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:

(1)The incapacitated person is physically present in or is reasonably expected to move permanently to the other state;

(2)An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and

(3)Plans for care and services for the incapacitated person in the other state are reasonable and sufficient.

5.The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:

(1)The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors set forth in subsection 2 of section 475.521;

(2)An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and

(3)Adequate arrangements will be made for management of the protected person's property.

6.The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:

(1)A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to section 475.532; and

(2)The documents required to terminate a guardianship or conservatorship in this state.

(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)

475.035 - Venue.

1.The venue for the appointment of a guardian or conservator shall be:

(1)In the county in this state where the minor or alleged incapacitated or disabled person is domiciled; or

(2)If the minor or alleged incapacitated or disabled person has no domicile in this state, then in the county in which the minor or alleged incapacitated or disabled person actually resides, or if he or she does not reside in any county, then in any county wherein there is any property of the minor or alleged incapacitated or disabled person; or

(3)In the county, or on any federal reservation within the county, wherein the minor or alleged incapacitated or disabled person or his or her property is found; or

(4)In a county of this state which is within a judicial circuit which has prior and continuing jurisdiction over the minor pursuant to subdivision (1) of subsection 1 of section 211.031.

2.If the alleged incapacitated or disabled person has resided in a county other than the county of his or her domicile for more than one year, the court of that county may assume venue for the purpose of appointment of a guardian or conservator.

3.If proceedings are commenced in more than one county, they shall be stayed except in the county where first commenced until final determination of venue in the county where first commenced.The proceeding is deemed commenced by the filing of a petition; and the proceeding first legally commenced to appoint a conservator of the estate extends to all of the property of the protectee in this state.

(L. 1955 p. 385 § 288, A.L. 1983 S.B. 44 & 45, A.L. 1999 S.B. 387, et al.)

475.260 - Actions against protectee, process, enforcement of judgments.

1.When there is a conservator of the estate, all actions between the protectee or the conservator and third persons in which it is sought to charge or benefit the estate of the protectee shall be prosecuted by or against the conservator of the estate as such.He shall represent the interests of the protectee in the action and all process shall be served on him.

2.When the conservator of the estate is under personal liability for his own contracts and acts made and performed on behalf of the estate he may be sued both as conservator and in his personal capacity in the same action.Misnomer or the bringing of an action by or against the protectee shall not be ground for dismissal of the action and leave to amend or substitute shall be freely granted.If an action was commenced by or against the protectee before the appointment of a conservator of his estate, such conservator when appointed may be substituted as a party for the protectee.If the appointment of the conservator of the estate is terminated, his successor may be substituted; if the protectee dies, his personal representative may be substituted; if he becomes of age or his disability ceases, he may be substituted.

3.When there is a conservator of the estate, the property and rights of action of the protectee shall not be subject to garnishment or attachment, and execution shall not issue to obtain satisfaction of any judgment against the protectee or the conservator of his estate as such, but judgments against the estate of the protectee shall be enforced in the manner provided for the enforcement of judgments against the estates of decedents.

(L. 1955 p. 385 § 333, A.L. 1983 S.B. 44 & 45)

475.060 - Application for guardianship — petition for guardianship requirements — incapacitated persons, petition requirements.

1.Any person may file a petition for the appointment of himself or herself or some other qualified person as guardian of a minor.Such petition shall state:

(1)The name, age, domicile, actual place of residence and post office address of the minor if known and if any of these facts is unknown, the efforts made to ascertain that fact;

(2)The estimated value of the minor's real and personal property, and the location and value of any real property owned by the minor outside of this state;

(3)If the minor has no domicile or place of residence in this state, the county in which the property or major part thereof of the minor is located;

(4)The name and address of the parents of the minor and whether they are living or dead;

(5)The name and address of the spouse, and the names, ages and addresses of all living children of the minor;

(6)The name and address of the person having custody of the person of the minor or who claims to have custody of the person of the minor;

(7)The name and address of any guardian of the person or conservator of the estate of the minor appointed in this or any other state;

(8)If appointment is sought for a natural person, other than the public administrator, the names and addresses of wards and disabled persons for whom such person is already guardian or conservator;

(9)The name and address of the trustees and the purpose of any trust of which the minor is a qualified beneficiary;

(10)The reasons why the appointment of a guardian is sought;

(11)A petition for the appointment of a guardian of a minor may be filed for the sole and specific purpose of school registration or medical insurance coverage.Such a petition shall clearly set out this limited request and shall not be combined with a petition for conservatorship;

(12)If the petitioner requests the appointment of co-guardians, a statement of the reasons why such appointment is sought and whether the petitioner requests that the co-guardians, if appointed, may act independently or whether they may act only together or only together with regard to specified matters;

(13)That written consent has been obtained from any person, including a public administrator, who is to be appointed as a co-guardian; and

(14)Whether the petitioner knows of any other court having jurisdiction over the minor and the name of the court, if known.

2.Any person may file a petition for the appointment of himself or herself or some other qualified person as guardian or limited guardian of an incapacitated person.Such petition shall state:

(1)If known, the name, age, domicile, actual place of residence, and post office address of the alleged incapacitated person, and for the period of three years before the filing of the petition, the most recent addresses, up to three, at which the alleged incapacitated person lived prior to the most recent address, and if any of these facts is unknown, the efforts made to ascertain that fact.In the case of a petition filed by a public official in his or her official capacity, the information required by this subdivision need only be supplied to the extent it is reasonably available to the petitioner;

(2)The estimated value of the alleged incapacitated person's real and personal property, and the location and value of any real property owned by the alleged incapacitated person outside of this state;

(3)If the alleged incapacitated person has no domicile or place of residence in this state, the county in which the property or major part thereof of the alleged incapacitated person is located;

(4)The name and address of the parents of the alleged incapacitated person and whether they are living or dead;

(5)The name and address of the spouse, the names, ages, and addresses of all living children of the alleged incapacitated person, the names and addresses of the alleged incapacitated person's closest known relatives, and the names and relationship, if known, of any adults living with the alleged incapacitated person; if no spouse, adult child, or parent is listed, the names and addresses of the siblings and children of deceased siblings of the alleged incapacitated person; the name and address of any agent appointed by the alleged incapacitated person in any durable power of attorney, and of the presently acting trustees of any trust of which the alleged incapacitated person is the grantor or is a qualified beneficiary or is or was the trustee or cotrustee and the purpose of the power of attorney or trust;

(6)The name and address of the person having custody of the person of the alleged incapacitated person;

(7)The name and address of any guardian of the person or conservator of the estate of the alleged incapacitated person appointed in this or any other state;

(8)If appointment is sought for a natural person, other than the public administrator, the names and addresses of wards and protectees for whom such person is already guardian or conservator;

(9)The factual basis for the petitioner's conclusion that the person for whom guardianship is sought is unable or partially unable by reason of some specified physical, mental, or cognitive condition to receive and evaluate information or to communicate decisions to such an extent that the person lacks capacity to meet essential requirements for food, clothing, shelter, safety, or other care such that serious physical injury, illness, or disease is likely to occur;

(10)The reasons, incidents, and specific behaviors demonstrating why the appointment of a guardian or limited guardian is sought;

(11)If the petitioner suggests the appointment of co-guardians, a statement of the reasons why such appointment is sought and whether the petitioner suggests that the co-guardians, if appointed, may act independently or whether they may act only together or only together with regard to specified matters; and

(12)Written consent has been obtained from any person, including a public administrator, who is to be appointed as a co-guardian.

3.If the person filing the petition seeks the appointment of an emergency guardian, the petition shall include the same requirements as provided in subsection 1 of this section and shall request the appointment per the requirements provided in subsection 15 of section 475.075.

(RSMo 1939 §§ 377, 447, A.L. 1955 p. 385 § 293, A.L. 1983 S.B. 44 & 45, A.L. 2000 S.B. 944, A.L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213, A.L. 2018 S.B. 806)

Prior revisions: 1929 §§ 377, 448; 1919 §§ 373, 444; 1909 §§ 405, 474

(1957) Where application for guardianship of minors did not give the domicile of the minors or of their parents, nor the names and addresses of the parents or spouses of the minors nor state who had custody of the minors, it failed to confer jurisdiction on the court to appoint the public administrator as guardian. In re Dugan (A.), 309 S.W.2d 145.

475.160 - Assets of protectee, action to obtain, procedure.

Any conservator, protectee, creditor or other person, including a person interested in expectancy, reversion or otherwise, who claims an interest in property which is claimed to be an asset of the estate of a protectee or which is claimed should be an asset of such an estate, may file a verified petition in any court having jurisdiction of such estate seeking determination of the title and right of possession thereto.The petition shall describe the property, if known, shall allege the nature of the interest of the petitioner and that title or possession of the property, or both, are being adversely withheld or claimed.The court shall proceed on such petition in accordance with the provisions of section 473.340.

(RSMo 1939 §§ 400, 401, A.L. 1955 p. 385 § 313, A.L. 1973 S.B. 113, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al.)

Prior revisions: 1929 §§ 400, 401; 1919 §§ 395, 396; 1909 §§ 427, 428

(1966) In a statutory proceeding to discover assets the written interrogatories and the answers thereto constitute the pleadings and settle the issues. In re Estate of Layne (A.), 403 S.W.2d 242.

475.339 - Nonresident domiciliary guardian or conservator.

Notwithstanding any other provision of law, a domiciliary guardian, committee, curator or conservator of a nonresident person, although a nonresident of this state or a corporation of another state or country, whether or not authorized to do business in this state, may act as such domiciliary guardian or conservator in this state under sections 475.335 and 475.336 and may be appointed and act as local guardian or conservator under section 475.030.

(L. 1983 S.B. 44 & 45)

475.083 - Termination of guardianship or conservatorship, when.

1.The authority of a guardian or conservator terminates:

(1)When a minor ward becomes eighteen years of age;

(2)Upon an adjudication that an incapacitated or disabled person has been restored to capacity or ability;

(3)Upon revocation of the letters of the guardian or conservator;

(4)Upon the acceptance by the court of the resignation of the guardian or conservator;

(5)Upon the death of the ward or protectee except that if there is no person other than the estate of the ward or protectee liable for the funeral and burial expenses of the ward or protectee the guardian or conservator may, with the approval of the court, contract for the funeral and burial of the deceased ward or protectee;

(6)Upon the expiration of an order appointing a guardian or conservator ad litem unless the court orders extension of the appointment;

(7)Upon an order of court terminating the guardianship or conservatorship.

2.A guardianship or conservatorship may be terminated by court order after such notice as the court may require:

(1)If the conservatorship estate is exhausted;

(2)If the conservatorship is no longer necessary for any other reason;

(3)If the court finds that a parent is fit, suitable and able to assume the duties of guardianship and it is in the best interest of the minor that the guardianship be terminated; or

(4)If the court determines that the guardian is unable to provide the services of a guardian due to the ward's absence from the state or other particular circumstances of the ward.

3.Notwithstanding the termination of the authority of a conservator, the conservator shall continue to have such authority as may be necessary to wind up administration.

4.At any time the guardian, conservator, or any person on behalf of the ward or protectee may, individually or jointly with the ward or protectee, or the ward or protectee individually may petition the court to restore the ward or protectee, to decrease the powers of the guardian or conservator, or to return rights to the ward or protectee; except that, if the court determines that the petition is frivolous, the court may summarily dismiss the petition without hearing.The petition from the ward or protectee or on behalf of the ward or protectee may be an informal letter to the court.Anyone who interferes with the transmission of the ward's or protectee's letter or petition may be cited by the court for contempt after notice and hearing.If at any time the court, on its own motion, has reason to believe that the guardian's or conservator's powers should be increased or decreased or additional rights should be returned to the ward or protectee, the court shall set the matter for a hearing.

5.Upon the filing of a joint petition by the guardian or conservator and the ward or protectee, the court, if it finds restoration or modification to be in the best interests of the ward or protectee, may summarily order restoration or a decrease in powers of the guardian or conservator or return rights to the ward or protectee without the necessity of notice and hearing.

6.Upon the filing of a petition without the joinder of the guardian or conservator or if the court requires a hearing for a petition filed with the joinder of a guardian or conservator, the court shall cause the petition to be set for hearing with notice to the guardian or conservator and to such other persons as the court directs.The hearing shall be conducted in accordance with the provisions of section 475.075.If the ward or protectee is not represented by an attorney, the court shall appoint an attorney to represent the ward or protectee in such proceeding.The burden of proof by a preponderance of the evidence shall be upon the petitioner.Such a petition may not be filed more than once every one hundred eighty days.

7.At any time the guardian, limited guardian, conservator, or limited conservator may petition the court to increase the guardian's or conservator's powers or to remove rights from the ward or protectee.Proceedings on the petition shall be in accordance with the provisions of section 475.075.

8.In deciding whether to terminate or modify a guardianship or conservatorship, the court may require a report by and consider the recommendations in the report of a physician, licensed psychologist, or other appropriate qualified professional who has experience or training in the alleged mental, physical, or cognitive impairment of the ward or protectee.

(L. 1983 S.B. 44 & 45, A.L. 1992 H.B. 903, A.L. 2001 S.B. 348, A.L. 2018 S.B. 806)

475.460 - Commitment to Veterans Administration or other United States agency.

1.Whenever, in any proceeding under the laws of this state for the commitment of a person alleged to be of unsound mind or otherwise in need of confinement in a hospital or other institution for his proper care, it is determined after such adjudication of the status of such person as may be required by law that commitment to a hospital for mental disease or other institution is necessary for safekeeping or treatment and it appears that such person is eligible for care or treatment by the Veterans Administration or other agency of the United States government, the court, upon receipt of a certificate from the Veterans Administration or such other agency showing that facilities are available and that such person is eligible for care or treatment therein, may commit such person to said Veterans Administration or other agency.The person whose commitment is sought shall be personally served with notice of the pending commitment proceeding in the manner as provided by the law of this state; and nothing in sections 475.380 to 475.480 shall affect his right to appear and be heard in the proceedings.Upon commitment, such person, when admitted to any facility operated by any such agency within or without this state shall be subject to the rules and regulations of the Veterans Administration or other agency.The chief officer of any facility of the Veterans Administration or institution operated by any other agency of the United States to which the person is so committed shall with respect to such person be vested with the same powers as superintendents of state hospitals for mental diseases within this state with respect to retention of custody, transfer, parole or discharge.Jurisdiction is retained in the committing or other appropriate court of this state at any time to inquire into the mental condition of the person so committed, and to determine the necessity for continuance of his restraint, and all commitments pursuant to sections 475.380 to 475.480 are so conditioned.

2.The judgment or orders of commitment by a court of competent jurisdiction of another state or of the District of Columbia, committing a person to the Veterans Administration, or other agency of the United States government for care or treatment shall have the same force and effect as to the committed person while in this state as in the jurisdiction in which is situated the court entering the judgment or making the order; and the courts of the committing state, or of the District of Columbia, shall be deemed to have retained jurisdiction of the person so committed for the purpose of inquiring into the mental condition of such person, and of determining the necessity for continuance of his restraint as is provided in subsection 1 of this section with respect to persons committed by the courts of this state.Consent is hereby given to the application of the law of the committing state or district in respect to the authority of the chief officer of any facility of the Veterans Administration, or of any institution operated in this state by any other agency of the United States to retain custody, or transfer, parole or discharge the committed person.

3.Upon receipt of a certificate of the Veterans Administration or such other agency of the United States that facilities are available for the care or treatment of any person heretofore committed to any hospital for the insane or other institution for the care or treatment of persons similarly afflicted and that such person is eligible for care or treatment, the superintendent of the institution may cause the transfer of such person to the Veterans Administration or other agency of the United States for care or treatment.Upon effecting any such transfer, the committing court or proper officer thereof shall be notified thereof by the transferring agency.No person shall be transferred to the Veterans Administration or other agency of the United States if he be confined pursuant to conviction of any felony or misdemeanor or if he has been acquitted of the charge solely on the ground of insanity, unless prior to transfer the court or other authority originally committing such person shall enter an order for such transfer after appropriate motion and hearing.

4.Any person transferred as provided in this section shall be deemed to be committed to the Veterans Administration or other agency of the United States pursuant to the original commitment.

(L. 1947 V. I p. 4 § 17)

475.523 - Jurisdiction.

A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:

(1)This state is the respondent's home state;

(2)On the date a petition is filed, this state is a significant-connection state and:

(a)The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or

(b)The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:

a.A petition for an appointment or order is not filed in the respondent's home state;

b.An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and

c.The court in this state concludes that it is an appropriate forum under the factors set forth in section 475.526;

(3)This state does not have jurisdiction under either subdivisions (1) or (2) of this section, the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or

(4)The requirements for special jurisdiction under section 475.524 are met.

(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)

475.123 - Medical and surgical procedures — consent — emergency.

1.No medical or surgical procedure shall be performed on any ward unless consent is obtained from the guardian of his person except as provided in subsections 2 and 3 hereof.

2.If the life of the ward is threatened and there is not time to obtain consent, a medical or surgical procedure may be performed without consent after the medical necessity for the procedure has been documented in the medical record of the ward.

3.If the life of a person is threatened and his consent to a necessary medical or surgical procedurecannot be obtained, a court, on petition filed pursuant to section 475.060, after hearing, may authorize consent on behalf of such person.

4.Any hearing conducted pursuant to subsection 3 of this section, involving a life threatening medical emergency, may be conducted within or without the county at the medical facility where the person has been admitted with such notice and in such form as is practicable considering the time limitations imposed due to the condition of person.The fact of attempted oral notice to persons interested in the welfare of the person shall be made a part of the record of the hearing.

(L. 1983 S.B. 44 & 45)

475.527 - Jurisdiction declined by reason of conduct.

1.If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:

(1)Decline to exercise jurisdiction;

(2)Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or

(3)Continue to exercise jurisdiction after considering:

(a)The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;

(b)Whether it is a more appropriate forum than the court of any other state under the factors set forth in subsection 3 of section 475.526; and

(c)Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of section 475.523.

2.If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses.The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than sections 475.501 to 475.555.

(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)

475.276 - Order waiving settlement, when.

1.If the assets of the protectee are under the control of another fiduciary, including a Social Security representative payee or Veterans Affairs fiduciary, or if the value of the assets of the estate of a protectee does not exceed the value prescribed by chapter 208 for public benefit eligibility and whether or not such protectee receives other public benefits from the federal government or the state of Missouri, the court may, upon satisfactory proof that adequate provision has been made for the care and maintenance of the protectee, waive or modify the requirements of sections 475.270 and 475.275.

2.If the estate of a protectee consists solely of cash or its equivalent which has been placed in restricted custody so that no withdrawals may be made except on order of the court as prescribed by section 473.160, the court may waive or modify the requirements of sections 475.270 and 475.275.

3.Any order entered pursuant to subsection 1 or 2 of this section shall specify the events or circumstances which shall cause the same to terminate.The order may also provide that the estate shall not be liable for court costs or other expenses of administration so long as the order remains in effect and may direct any state agency or require the conservator of the estate to request a federal agency to pay benefits directly to the custodial facility in which the protectee resides.

(L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)

475.091 - Court's powers, estates or affairs of minors or disabled persons.

The court has the following powers which may be exercised directly or through a conservator in respect to the estate and affairs of minors and disabled persons:

(1)While a petition for appointment of a conservator of the estate is pending, on motion and with notice to the attorney appointed to represent the minor or alleged disabled person and after preliminary hearing and finding of probable cause that the allegations of the petition and motion are true, the court may appoint a conservator ad litem to collect, protect and preserve the assets of the minor or alleged disabled person and, on order of court, disburse funds for the necessary support and maintenance of the minor or alleged disabled person and those members of his family who are dependent upon him;

(2)Upon finding that the transaction was or is beneficial to the protectee, the court may approve, ratify, confirm and validate any transaction entered into by a conservator of the estate, without court authorization which it has power under this section to authorize the conservator to conduct.The power of the court to approve, ratify, confirm and validate transactions entered into by a conservator of the estate without court authorization includes, without limitation, retention of real or personal property, compromises of claims by and against the estate, investments, purchases, sales, mortgages, exchanges, abandonment, leases of any duration, improvements, contracts to improve, contracts to sell, contracts to purchase, contracts to exchange and grants of options, easements, profits or other rights with respect to land or other property.It also includes, without limitation, payment of a mortgage indebtedness on the real estate of the protectee out of his personal estate and purchase of real estate at a sale made under a mortgage, deed of trust, vendor's lien or other lien held by the protectee.It also includes the power to make, ratify and undertake proceedings for, and agreements incident to, dissolution of the marriage of the protectee, and transactions involving conflicts of interest between conservator and protectee.

(L. 1983 S.B. 44 & 45)

475.095 - Conservator of the estate of nonresident minors and disabled persons.

1.If any minor or disabled person domiciled and residing without this state has any estate within this state, the probate division of the circuit court of the county in which the estate or any part thereof is located may appoint some competent person to be conservator of the estate of the minor or disabled person and the conservatorship which is first lawfully granted of the estate of the minor or disabled person extends to all of the estate of such person within this state and excludes the jurisdiction of every other court.

2.The court and the conservator of the estate of the minor or disabled person have the same powers and shall perform the same duties, and are under the same restrictions and requirements, in all respects, as far as the same may apply, as provided in this code for the court and the conservators of estates of resident minors and disabled persons.

(RSMo 1939 §§ 386, 503, A.L. 1955 p. 385 § 301, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 §§ 386, 504; 1919 §§ 382, 500; 1909 §§ 414, 530

475.295 - Death of conservator, personal representative to make settlement — waived when.

1.In case of the death of a conservator, his personal representative shall make settlement with his successor, and deliver the property and money belonging to the protectee whose estate was managed by his decedent to such successor.When the sole purpose of administering the estate of the deceased conservator is to make settlement of the estate of the protectee, the court may waive the appointment of a personal representative for the deceased conservator.In such circumstances, the successor shall file a settlement showing the condition of the estate of the protectee and, upon approval by the court, shall be charged with such assets as are shown therein, provided, however, that such successor shall not be relieved of the duty to account for assets of the protectee not shown on such settlement.

2.If a deceased conservator leaves no estate subject to administration, and letters are issued to his personal representative solely for the purpose of making settlement under this section, the costs and expenses of administration of such administration shall be paid by the estate of the protectee of which the decedent was conservator; and, in the administration proceeding in the estate of the deceased conservator there need be no publication as required by section 473.033.

(RSMo 1939 § 434, A.L. 1955 p. 395 § 340, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 435; 1919 § 431; 1909 § 461

475.395 - Number of wards limited.

No person, other than a bank, trust company or public administrator shall be guardian of more than five wards at one time, unless all the wards are members of one family.Upon presentation of a petition by an attorney of the Veterans Administration or other interested person, alleging that a guardian is acting in a fiduciary capacity for more than five wards and requesting his discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting from such guardian and shall discharge him from guardianships in excess of five and forthwith appoint a successor.

(L. 1947 V. I p. 4 § 4, A.L. 1951 p. 884)

475.081 - Persons having disappeared, absent from country, or forcibly detained, to be partially disabled, limited conservator appointed — procedure — termination, when.

1.If a person has disappeared and cannot be located or has been forcibly detained either illegally or by a foreign government or is absent by reason of being physically located in a country other than the United States and is unable to return to the United States because of physical or mental condition, for a period of one month or more, and such disappearance, detention, or physical location makes it impossible for that person, or any person legally acting on his behalf, to manage his financial resources as defined in section 475.010, any person may file a petition in the probate division of the circuit court of proper venue for appointment of himself or some other qualified person as limited conservator for the disappeared, detained, or absent person.The court shall order a hearing in accordance with section 475.075, in which the alleged disappeared, detained, or absent person shall be deemed to be an alleged partially disabled person.If the court finds that the respondent has disappeared, is detained or is absent by reason of being physically located in a country other than the United States and is unable to return to the United States because of physical or mental condition as provided in this section, the court may grant letters of limited conservatorship, but the powers granted to the limited conservator and the powers of the court shall be limited to those powers necessary for the support and maintenance of persons legally dependent upon the respondent and to powers necessary to prevent loss to the estate of the respondent during his disappearance, detention, or absence.The estate shall be administered upon the presumption that the respondent is alive.

2.A conservator appointed pursuant to this section shall immediately notify the court if the protectee has been found, has been released or has been returned to the United States.Upon receiving knowledge of such facts from the conservator or from any other source, the court shall order the conservatorship terminated and require the conservator to file final settlement.

3.In addition to the provisions of sections 475.082 and 475.270, a conservator appointed pursuant to this section shall notify the court every three months of the continuing disappearance, detention, or absence of the protectee which notice shall include the then current address of the conservator and the addresses of all persons legally dependent upon the protectee.

(L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al., A.L. 1994 S.B. 734)

475.085 - Cost of proceedings as to disability or incapacity.

1.The costs of proceedings as to incapacity or disability of any person shall be paid from his estate if he is found incapacitated or disabled or, if his estate is insufficient, costs shall be paid by the county; but if the person is found not to be incapacitated or disabled the costs shall be paid by the person filing the petition, unless he is a public employee acting in his official capacity, in which case the costs shall be paid by the county.

2.The court shall accept and act upon a petition as to an indigent respondent without requiring a filing fee.The costs of the proceeding shall be taxed after the court rules on the petition.

(RSMo 1939 §§ 453, 454, A.L. 1955 p. 385 § 299, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 §§ 454, 455; 1919 §§ 450, 451; 1909 §§ 480, 481

475.062 - Procedures for petition for appointment of conservator.

1.When a petition for appointment of a conservator of the estate of an alleged disabled person is not made or consented to by said alleged disabled person, the procedures as to notice, appointment of counsel, hearing and adjudication of disability as prescribed by section 475.075 shall be followed.

2.If a petition for appointment of a conservator is made by a person on account of that person's alleged disability or is made by another on behalf of that person with that person's consent endorsed on the petition or filed therewith, the court shall first appoint an attorney for that person.The court-appointed attorney shall advise the respondent of the respondent's rights and of the consequences of the appointment of the conservator.

3.If the court determines that the disability exists and the respondent desires the appointment, understands its purpose, and makes a reasonable choice of conservator, the court may, without notice or hearing, appoint the person, organization, or corporation designated by the respondent as conservator of the respondent's estate, provided that the conservator is suitable and qualified and has accepted or will accept the appointment.

4.If it appears that the respondent is a co-depositor or co-tenant, the other co-depositors and co-tenants shall, in any event, be given notice before the court acts.

5.If the whereabouts of a person alleged to be disappeared or detained pursuant to section 475.081 is unknown or the place or nature of his confinement or detention prevents personal service, service shall be made on him by publication in accordance with the rules of civil procedure.

(L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)

475.385 - Administrator as party in interest.

1.The administrator shall be a party in interest in any proceeding for the appointment or removal of a guardian or for the removal of the disability of minority or mental incapacity of a ward, and in any suit or other proceeding affecting in any manner the administration by the guardian of the estate of any present or former ward whose estate includes assets derived in whole or in part from benefits heretofore or hereafter paid by the Veterans Administration.

2.Not less than fifteen days prior to hearing in such matter, notice in writing of the time and place thereof shall be given by mail (unless waived in writing) to the office of the Veterans Administration having jurisdiction over the area in which any such suit or any such proceeding is pending.

(L. 1947 V. I p. 4 § 2)

475.337 - Jurisdiction by act of foreign guardian or conservator.

A foreign guardian, curator, committee or conservator submits personally to the jurisdiction of the courts of this state in any proceeding relating to the estate by filing authenticated copies of his appointment as provided in section 475.336, receiving payment of money or taking delivery of personal property under section 475.335, or doing any act as a guardian or conservator in this state which would have given the state jurisdiction over him as an individual.Jurisdiction for receiving payment of money or taking delivery of personal property under section 475.335 is limited to the money or value of personal property collected.

(L. 1983 S.B. 44 & 45)

475.542 - Registration of protective orders.

If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.

(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)

475.046 - Standby guardian permitted, when — appointment procedure — authority effective, when.

1.A custodial parent may designate a person to act as standby guardian of a minor or incapacitated person by a will that complies with the requirements of section 474.320 or by a separate written instrument which is dated and is either duly executed and acknowledged by the custodial parent or is signed by the custodial parent in the presence of at least two disinterested witnesses and subscribed by the witnesses.If the custodial parent executes more than one document designating a standby guardian and there is a conflict between the documents as to the person designated, the document bearing the latest date shall control.

2.If a custodial parent who has designated a standby guardian is or becomes seriously ill, the custodial parent or the person designated as standby guardian may file a petition in the probate division of the circuit court of the county which would be of proper venue for the appointment of a guardian of the minor or incapacitated person seeking appointment of the designated person as standby guardian.A copy of the will or separate written instrument designating the standby guardian and a consent to act as standby guardian signed by the person designated shall be filed with the petition, which petition shall state:

(1)The name, age, domicile, actual place of residence, and mailing address of the minor or incapacitated person;

(2)The name and address of the custodial parent and of the designated standby guardian;

(3)The name and address of each parent of the minor or incapacitated person and whether that parent is living or dead;

(4)The name and address of the spouse, if applicable, and the names, ages, and addresses of all living children of the minor or incapacitated person;

(5)If the person for whom appointment of a standby guardian is sought has been adjudicated incapacitated, the date of adjudication and the name and address of the court which entered the judgment; and

(6)The reasons why the appointment of a standby guardian is sought.

Proceedings on the petition shall be conducted in the same manner as would be applicable in a case for appointment of a successor guardian under section 475.115.

3.The court shall determine appointment of a standby guardian in accordance with the best interests of the minor or incapacitated person after considering all relevant factors, including:

(1)Whether there is a parent other than the custodial parent and, if so, whether the other parent is willing, able, and fit to assume the duties of a parent;

(2)The suitability of a person nominated by the minor or incapacitated person if he or she is, at the time of hearing, able to communicate a reasonable choice; and

(3)The desirability of providing arrangements for the care, custody, and control of the minor or incapacitated person which shall minimize stress and disruption and avoid his or her placement in foster or similar care pending appointment of a guardian if the custodial parent is adjudicated incapacitated or dies.

4.If it appears to the court that a standby guardian should be appointed for a minor or incapacitated person, the court may appoint a standby guardian.

5.The authority of a person to act as standby guardian for a minor or incapacitated person shall only take effect as follows:

(1)If the person has previously been appointed by the court as standby guardian, upon the granting of letters of standby guardianship to the person previously appointed as provided in the order appointing the standby guardian; or

(2)If the person has not previously been appointed by the court as standby guardian, either because a petition for appointment has not been filed or because a petition has been filed but the proceedings are still pending, upon the first to occur of the following:

(a)The consent of the custodial parent in a writing duly executed and acknowledged by the custodial parent;

(b)Entry of an order adjudicating the custodial parent to be incapacitated; or

(c)The death of the custodial parent.

The person shall, within ten days after he or she begins to act as standby guardian, notify the court in writing of that fact and of the reasons therefor.The court may grant letters of standby guardianship to the person or, if the court deems it advisable, conduct a hearing to determine the propriety of the person having begun, and continuing, to act as standby guardian and the propriety of issuing letters of standby guardianship to the person.

6.A person acting as standby guardian of a minor or incapacitated person shall, within sixty days after he or she begins to act, petition the court for appointment of the standby guardian or some other qualified person as guardian of the minor or incapacitated person.Proceedings on the petition shall be conducted in the same manner as would be applicable in a case for appointment of a successor guardian under section 475.115.

7.Nothing in this section shall be construed to:

(1)Deprive a parent of his or her legal rights with respect to a minor or incapacitated person who is a child of that parent, including court-ordered visitation with the child, nor to authorize a grant of authority to a standby guardian which would supersede any such rights; or

(2)Relieve a parent of his or her legal obligations or duties to a minor or incapacitated person who is a child of that parent, including a duty to support the child in accordance with a court or administrative order.

8.Except to the extent determined by the court to be inconsistent with the provisions of this section or as expressly provided in this section, the laws applicable to guardianship proceedings shall apply to all proceedings under this section.

(L. 2009 H.B. 154)

475.342 - Estate property, conservator's duties.

The conservator shall:

(1)Keep estate property separate from the conservator's own property; and

(2)Cause the estate's property to be designated so that any ownership interest of the estate, to the extent feasible, appears in records maintained by a financial institution or party other than the conservator or protectee.

(L. 2018 S.B. 806)

475.213 - Payment of claims according to priority.

1.All claims filed against the estate of a protectee shall be paid by the conservator as far as he has assets subject thereto, in the order specified in section 475.211, and, unless otherwise provided by law, no claim of one class shall be paid until all previous classes are satisfied.If there are not sufficient assets subject thereto to pay the whole of any one class, claims of that class shall be paid in proportion to their amounts, unless otherwise provided by law.

2.Whether or not there has been notice under section 475.140, the court, upon its own motion or the motion of any interested person, may at any time direct the giving of notice to creditors of a protectee requiring them to file their claims in the court within a period stated in the notice, not less than two months from the date of the first publication of the notice.Any creditor who fails to file his claim within the time prescribed in the notice provided for by this subsection shall be barred from participating in any disbursement ordered paid by the court from assets then on hand.The conservator shall list the complete name and address of every creditor of the estate known to him and shall give each creditor so listed written notice by ordinary mail of the time for filing claims.On or before the expiration of the period stated in the notice, the conservator shall file the list of creditors along with proof of service as provided in section 472.110, and any written waivers, in the court.Thereafter, the court may direct the conservator to pay out assets available for payment of claims in accordance with section 475.211 and subsection 1 of this section.

(L. 1983 S.B. 44 & 45, A.L. 1993 S.B. 88)

475.503 - International application of act.

A court of this state may treat a foreign country as if it were a state for the purpose of applying this article and articles 2, 3, and 5.

(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)

475.552 - Relation to Electronic Signatures in Global and National Commerce Act.

Sections 475.501 to 475.555 modify, limit, and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).

(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)

475.506 - Taking testimony in another state.

1.In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state.The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.

2.In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means.A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.

3.Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.

(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)

475.502 - Definitions.

Notwithstanding the definitions in section 475.010, when used in sections 475.501 to 475.555, the following terms mean:

(1)"Adult", an individual who has attained eighteen years of age;

(2)"Conservator", a person appointed by the court to administer the property of an adult, including a person appointed under this chapter;

(3)"Guardian", a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under this chapter;

(4)"Guardianship order", an order appointing a guardian;

(5)"Guardianship proceeding", a proceeding in which an order for the appointment of a guardian is sought or has been issued;

(6)"Incapacitated person", an adult for whom a guardian has been appointed;

(7)"Party", the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding;

(8)"Person", except in the term "incapacitated person" or "protected person", an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;

(9)"Protected person", an adult for whom a protective order has been issued;

(10)"Protective order", an order appointing a conservator or other order related to management of an adult's property;

(11)"Protective proceeding", a judicial proceeding in which a protective order is sought or has been issued;

(12)"Record", information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

(13)"Respondent", an adult for whom a protective order or the appointment of a guardian is sought;

(14)"State", a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.

(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)

475.602 - Delegation to attorney-in-fact, powers — revocation or withdrawal — requirements of delegation.

1.A parent or legal custodian of a child may, by a properly executed power of attorney as provided under section 475.604, delegate to an attorney-in-fact for a period not to exceed one year, except as provided under subsection 7 of this section, any of the powers regarding the care and custody of the child, except the power to consent to marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child.A delegation of powers under this section shall not be construed to change or modify any parental or legal rights, obligations, or authority established by an existing court order or deprive the parent or legal custodian of any parental or legal rights, obligations, or authority regarding the custody, visitation, or support of the child.

2.The parent or legal custodian of the child shall have the authority to revoke or withdraw the power of attorney authorized in subsection 1 of this section at any time.Except as provided in subsection 7 of this section, if the delegation of authority lasts longer than one year, the parent or legal custodian of the child shall execute a new power of attorney for each additional year that the delegation exists.If a parent withdraws or revokes the power of attorney, the child shall be returned to the custody of the parents as soon as reasonably possible.

3.Unless the authority is revoked or withdrawn by the parent or legal custodian, the attorney-in-fact shall exercise parental or legal authority on a continuous basis without compensation for the duration of the power of attorney authorized by subsection 1 of this section and shall not be subject to any statutes dealing with the licensing or regulation of foster care homes.

4.Except as otherwise provided by law, if a parent or legal custodian uses a community service program that offers support services for families in crisis to assist in the delegation of any powers regarding the care and custody of a child by a properly executed power of attorney, then the execution of a power of attorney by such parent or legal custodian as authorized in subsection 1 of this section shall not constitute abandonment as provided in sections 568.030 and 568.032, or abuse or neglect as provided in sections 210.110 and 568.060, unless the parent or legal guardian fails to take custody of the child or execute a new power of attorney after the one-year time limit has elapsed.It shall be a violation of section 453.110 for any parent or legal custodian to execute a power of attorney with the intention of permanently avoiding or divesting himself or herself of parental or legal responsibility for the care of the child.

5.Under a delegation of powers as authorized by subsection 1 of this section, the child or children subject to the power of attorney shall not be considered placed in foster care as otherwise defined in law and the parties shall not be subject to any of the requirements or licensing regulations for foster care or other regulations relating to community care for children.

6.If a parent or legal custodian uses a community service program that offers support services for families in crisis to assist in the delegation of any powers regarding the care and custody of a child by a properly executed power of attorney, then the community service program shall ensure that a background check is completed for the attorney-in-fact and any adult members of his or her household prior to the placement of the child.A community service program shall not place a child or children with an attorney-in-fact when he or she or any adult member of his or her household is found to be on the sex offender registry as established pursuant to sections 589.400 to 589.425, or the child abuse and neglect registry, as established pursuant to section 210.109, or has pled guilty or nolo contendere to or is found guilty of a felony offense under federal or state law.If a community service program has reasonable cause to suspect that a parent or legal custodian is executing a power of attorney under this section with the intention of permanently avoiding or divesting himself or herself of parental or legal responsibility for the care of the child, the community service program shall notify the Missouri children's division within the department of social services, and the division shall conduct an investigation of the parent or legal guardian to determine if there is a violation of section 453.110.A background check performed under this section shall include:

(1)A national and state fingerprint-based criminal history check;

(2)A sex offender registry, as established pursuant to sections 589.400 to 589.425, check; and

(3)A child abuse and neglect registry, as established pursuant to section 210.109, check.

7.A parent or legal custodian who is a member of the Armed Forces of the United States including any reserve component thereof, the commissioned corps of the National Oceanic and Atmospheric Administration, the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Armed Forces of the United States, or who is required to enter or serve in the active military service of the United States under a call or order of the President of the United States or to serve on state active duty may delegate the powers designated in subsection 1 of this section for a period longer than one year if on active duty service.The term of delegation shall not exceed the term of active duty service plus thirty days.

8.Nothing in this section shall conflict or set aside the preexisting residency requirements under section 167.020.An attorney-in-fact to whom powers are delegated under a power of attorney authorized by this section shall make arrangements to ensure that the child attends classes at an appropriate school.If enrollment is at a public school, attendance shall be based upon residency or waiver of such residency requirements by the school.

9.If enrolled at any school, as soon as reasonably possible upon execution of a power of attorney for the temporary care of a child as authorized under this section, the child's school shall be notified of the existence of the power of attorney and be provided a copy of the power of attorney as well as the contact information for the attorney-in-fact.While the power of attorney is in force, the school shall communicate with both the attorney-in-fact and any parent or legal custodian with parental or legal rights, obligations, or authority regarding the custody, visitation, or support of the child.The school shall also be notified of the expiration, termination, or revocation of the power of attorney as soon as reasonably possible following such expiration, termination, or revocation and shall no longer communicate with the attorney-in-fact regarding the child upon the receipt of such notice.

10.No delegation of powers under this section shall operate to modify a child's eligibility for benefits the child is receiving at the time of the execution of the power of attorney including, but not limited to, eligibility for free or reduced lunch, health care costs, or other social services, except as may be inconsistent with federal or state law governing the relevant program or benefit.

(L. 2018 S.B. 819)

475.357 - Child custody and visitation, probate courts to have jurisdiction, when.

The probate divisions of the courts of this state have jurisdiction over issues of the adjudication of incapacity, partial incapacity, disability, or partial disability and the appointment of a guardian, limited guardian, conservator, or limited conservator of an adult eighteen years of age or older whose parents have a pending matter under chapter 210 or * 452 for child custody or visitation of that child.The court that has jurisdiction under chapter 210 or * 452 shall have the authority to enter orders only as to child support after such adjudication and appointment of a guardian by the probate division.

(L. 2018 S.B. 806)

*Word "chapter" appears here in original rolls.

475.343 - Personal financial resources, guardian not obligated to use — court order for ward's admission to mental health facility — authorized acts of social service agencies.

1.A guardian of an adult or minor ward is not obligated by virtue of such guardian's appointment to use the guardian's own financial resources for the support of the ward.If the ward's estate and available public benefits are inadequate for the proper care of the ward, the guardian or conservator may apply to the county commission under section 475.370.

2.No guardian shall have authority to seek admission of the guardian's ward to a mental health facility or an intellectual disability facility for more than thirty days for any purpose without court order except as otherwise provided by law.

3.Only the director or chief administrative officer of a social service agency serving as guardian of an incapacitated person, or such person's designee, is legally authorized to act on behalf of such person.

4.A social service agency serving as guardian of an incapacitated person shall notify the court within fifteen days after any change in the identity of the professional individual who has primary responsibility for providing guardianship services to the incapacitated person.

5.Any social service agency serving as guardian shall not provide other services to the ward.

(L. 2018 S.B. 806)

475.543 - Effect of registration.

1.Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties.

2.A court of this state may grant any relief available under sections 475.501 to 475.555 and other law of this state to enforce a registered order.

(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)

475.016 - Persons adjudged incompetent prior to September 28, 1983 — review — effect on prior appointed guardians — one year to meet new reporting requirements.

1.If there has been an adjudication of incompetency before September 28, 1983, any person so adjudicated shall be deemed totally incapacitated and totally disabled as defined in section 475.010, until such time as the probate division of the circuit court of the county of proper venue, upon the annual review proceeding prescribed by section 475.082 or otherwise, may review the nature of the incapacity or disability of the person so adjudicated and alter the nature of the adjudication if, as a consequence of the review, it appears to the court that the person is not both totally incapacitated and totally disabled as defined in section 475.010.A guardian of the person appointed before September 28, 1983, shall be deemed a guardian as defined in section 475.010.A guardian of the estate appointed before September 28, 1983, shall be deemed a conservator as defined in section 475.010.

2.Existing guardians and conservators shall have one year after August 28, 2018, to meet any annual and other reporting requirements that are different from the former requirements of this chapter* prior to August 28, 2018.

(L. 1983 S.B. 44 & 45 § 475.015, A.L. 2018 S.B. 806)

*Words "chapter 475" appear in original rolls.

475.480 - Application of provisions relating to surety bonds and administration of estates of wards.

The provisions of sections 475.380 to 475.480 relating to surety bonds and the administration of estates of wards shall apply to all income and estate as defined in section 475.380 whether the guardian shall have been appointed under sections 475.380 to 475.480 or under any other law of this state, special or general, prior or subsequent to the enactment hereof.

(L. 1947 V. I p. 4 § 22)

475.084 - Visitation, parent may petition for, when.

If a guardian has been appointed for a minor under the provisions of subdivision (2) of subsection 4 of section 475.030, then a parent of the minor may petition the court for periods of visitation.The court may order visitation if visitation is in the best interest of the child.

(L. 2018 S.B. 806)

475.080 - Appointment of limited guardian or conservator.

1.If the court, after hearing, finds that a person is partially incapacitated and that the respondent's identified needs cannot be met by a less restrictive alternative, the court shall appoint a limited guardian of the person of the ward.The order of appointment shall specify the powers and duties of the limited guardian so as to permit the partially incapacitated ward to provide for self-care commensurate with the ward's ability to do so and shall also specify the legal disabilities to which the ward is subject.In establishing a limited guardianship, the court shall impose only such legal disabilities and restraints on personal liberty as are necessary to promote and protect the well-being of the individual and shall design the guardianship so as to encourage the development of maximum self-reliance and independence in the individual.

2.If the court, after hearing, finds that a person is partially disabled and that the respondent's identified needs cannot be met by a less restrictive alternative, the court shall appoint a limited conservator of the estate.The order of appointment shall specify the powers and duties of the limited conservator so as to permit the partially disabled person to manage the person's financial resources commensurate with the person's ability to do so.

(L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)

475.380 - Definitions.

As used in sections 475.380 to 475.480:

(1)"Person" means an individual, a partnership, a corporation or an association;

(2)"Veterans administration" means the Veterans Administration, its predecessors or successor;

(3)"Income" means moneys received from the Veterans Administration and revenue or profit from any property wholly or partially acquired therewith;

(4)"Estate" means income on hand and assets acquired partially or wholly with income;

(5)"Benefits" means all moneys paid or payable by the United States through the Veterans Administration;

(6)"Administrator" means the administrator of Veterans Affairs of the United States or his successor;

(7)"Ward" means a beneficiary of the Veterans Administration;

(8)"Guardian" means any fiduciary for the person or estate of a ward.

(L. 1947 V. I p. 4 § 1)

(1966) Uniform veterans' guardianship law does not apply in case where it does not appear that veteran's estate was derived from moneys received from veterans' administration and revenue or profit from any property wholly or partially acquired from the money. DeWald v. Morris (A.), 397 S.W.2d 738.

475.280 - Settlement and report dockets — notice to conservators and guardians.

1.The clerk shall keep a docket in which shall be entered the names of all conservators and the particular day upon which their annual settlements are required.

2.The clerk shall notify each conservator by ordinary mail of the day on which each of his annual settlements is required to be filed at least thirty days before such date.Failure to receive the notice herein required does not excuse a conservator from making settlement as required by law.

3.Sections 473.560 to 473.567 as to decedents' estates apply to conservators and their settlements.

4.The clerk shall also keep a docket in which shall be entered the names of all guardians and limited guardians and the particular day upon which their report of annual personal review is required.The clerk shall notify such guardians in the same manner as prescribed in subsection 2 of this section.Failure to receive the notice herein required does not excuse such guardians from making the report as required by law.

(RSMo 1939 § 421, A.L. 1955 p. 385 § 337, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 § 421; 1919 § 417; 1909 § 447

475.132 - Individual liability of conservator.

1.Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in his capacity as conservator in the course of administration of the estate unless he fails to reveal his representative capacity and identify the estate in the contract.

2.The conservator is individually liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if he is personally at fault.

3.Claims based on contracts entered into by a conservator in his fiduciary capacity, on obligations arising from ownership or control of the estate, or on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in his fiduciary capacity, whether or not the conservator is individually liable therefor.

4.Any question of liability between the estate and the conservator individually may be determined in a proceeding for accounting, surcharge, or indemnification, or other appropriate proceeding or action.

(L. 1983 S.B. 44 & 45 )

475.336 - Effect of filing letters of foreign guardian or curator.

If no local conservator has been appointed and no petition in a conservatorship proceeding is pending in this state, a domiciliary foreign guardian, curator, committee or conservator may file with a court of a county in this state in which property belonging to the minor or disabled person is located, authenticated copies of his appointment and of any official bond he has given.Thereafter, he may exercise as to assets in this state all powers of a local conservator and may maintain actions and proceedings in this state subject to any conditions imposed upon nonresident parties generally.

(L. 1983 S.B. 44 & 45)

475.532 - Accepting guardianship or conservatorship transferred from another state.

1.To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to those in section 475.531, the guardian or conservator shall petition the court in this state to accept the guardianship or conservatorship.The petition shall include a certified copy of the other state's provisional order of transfer.

2.Notice of a petition under subsection 1 of this section shall be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state.The notice shall be given in the same manner as notice is required to be given in this state.

3.On the court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection 1 of this section.

4.The court shall issue an order provisionally granting a petition filed under subsection 1 of this section unless:

(1)An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person; or

(2)The guardian or conservator is ineligible for appointment in this state.

5.The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to section 475.531 transferring the proceeding to this state.

6.Not later than ninety days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state.

7.In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person's incapacity and the appointment of the guardian or conservator.

8.The denial by a court of this state of a petition to accept guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under this chapter if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.

(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)

475.526 - Appropriate forum.

1.A court of this state having jurisdiction under section 475.523 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.

2.If a court of this state declines to exercise its jurisdiction under subsection 1 of this section, it shall either dismiss or stay the proceeding.The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or protective order be promptly filed in another state.

3.In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:

(1)Any expressed preference of the respondent;

(2)Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;

(3)The length of time the respondent was physically present in or was a legal resident of this or another state;

(4)The distance of the respondent from the court in each state;

(5)The financial circumstances of the respondent's estate;

(6)The nature and location of the evidence;

(7)The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;

(8)The familiarity of the court of each state with the facts and issues in the proceeding; and

(9)If an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.

(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)

475.322 - Use of multiple-party accounts and joint property.

When a protectee:

(1)Purchased United States bonds in co-ownership form, payable to himself and another or the survivor, or in beneficiary form, payable to himself during his lifetime and to another upon his death;

(2)Deposited funds in a joint account in the name of himself and any one or more other persons, and in form to be paid to any one or more of them, or the survivor or survivors of them, or in an account payable to himself during his lifetime and upon his death to another, or in an account in his own name upon revocable trust for another; or

(3)Owns real or personal property in joint tenancy or tenancy by the entirety;

the conservator may, with the authorization or approval of the court, redeem such bonds, withdraw funds from such account, and sell, exchange or mortgage the protectee's estate or interest in such joint or entirety property, to the extent that funds are needed to pay expenses under section 475.125 or claims under section 475.211.With respect to property held in joint tenancy, the provisions of sections 362.470 and 369.174 shall be applicable and with respect to any property held in tenancy by the entirety, the provisions of section 442.035 shall be applicable and the conservator, with or without court approval, shall not have authority to redeem, withdraw, sell, exchange or mortgage the protectee's estate or interest in such entirety property without the approval of the other tenant by the entirety.The court shall not authorize or approve such redemption, withdrawal, sale, exchange or mortgage as to the share contributed to the purchase of such bonds, the making of deposits in such an account, or the acquisition of such joint or entirety property by the co-owner or beneficiary of the bonds, a joint depositor, a person to whom an account is payable on death, a beneficiary of a revocable trust of an account, or a cotenant of property.

(L. 1983 S.B. 44 & 45)

475.522 - Exclusive basis.

This article provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.

(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)

475.094 - Conservator, authorized exercise of powers.

1.After notice to interested persons and upon express authorization of the court, a conservator may:

(1)Make gifts that the protectee might have been expected to make including, but not limited to, gifts to qualify for government benefits or to reduce federal estate taxes;

(2)Convey, release, or disclaim contingent and expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entireties;

(3)Exercise or release a power of appointment;

(4)Create a revocable or irrevocable trust of property of the estate, whether the trust extends beyond the duration of the conservatorship, or revoke or amend a trust revocable by the protected person;

(5)Exercise rights to elect options and change beneficiaries under insurance policies and annuities or surrender the policies and annuities for cash value;

(6)Exercise any right to an elective share in the estate of the protectee's deceased spouse and to renounce or disclaim any interest by testate or intestate succession or by transfer during lifetime.

2.The court, in exercising or in approving a conservator's exercise of the powers listed under subsection 1 of this section, shall consider primarily the decision that the protectee would have made, to the extent that the decision can be ascertained. The court shall also consider:

(1)The financial needs of the protectee and the needs of individuals who are in fact dependent on the protectee for support and the interest of creditors;

(2)Possible reduction of income, estate, inheritance, or other tax liabilities;

(3)Eligibility for government assistance;

(4)The protectee's previous pattern of giving or level of support;

(5)The existing estate plan;

(6)The protectee's life expectancy and the probability that the conservatorship will terminate before the protectee's death; and

(7)Any other factors the court considers relevant.

3.Without authorization of the court, a conservator shall not revoke or amend a durable power of attorney of which the protectee is the principal.

(L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)

475.190 - Investment of liquid assets of estate of protectee — reports.

1.On or after August 28, 2009, the conservator shall invest liquid assets of the estate of the protectee, other than funds needed to meet debts and expenses currently payable, in accordance with the provisions of the Missouri prudent investor act, sections 469.900 to 469.913, subject to the following exceptions:

(1)Investment of any part or all of the liquid assets:

(a)In direct obligation of or obligations unconditionally guaranteed as to principal and interest by the United States; or

(b)In interest-bearing accounts and time deposits, including time certificates of deposit, in financial institutions to the extent the account or deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, shall constitute prudent investments;

(2)If the conservator determines it appropriate to delegate investment and management functions to an agent as provided in section 469.909, the agent to whom the delegation is made shall acknowledge in a writing delivered to the conservator that the agent is acting as an investment fiduciary on the account.

2.Every conservator shall make a report at every annual settlement of the disposition made by the conservator of the money belonging to the protectee entrusted to the conservator.If it appears that the money is invested in securities, then the conservator shall report a detailed description of the securities and shall describe any real estate security and state where it is situated, and its value, which report shall be filed in the court.The court shall carefully examine into the report as soon as made, and, if in the opinion of the court the security is insufficient, the court shall make such orders as are necessary to protect the interest of the protectee.The conservator and the conservator's sureties are liable on their bond for any omission to comply with the orders of the court.If the money has not been invested as authorized by law the conservator shall state that fact and the reasons, and shall state that the conservator has been unable to make an investment after diligent effort to do so.

3.If any conservator refuses or neglects to make the report at the time aforesaid, or makes a false report thereof, the conservator and the conservator's sureties are liable on their bond for all loss or damage to the protectee occasioned by reason of the conservator's neglect or refusal so to report, or by making a false report, and the conservator may, on account thereof, be removed from the conservator's trust in the discretion of the court.

(L. 1955 p. 385 § 319, A.L. 1957 p. 829, A.L. 1975 S.B. 257, A.L. 1983 S.B. 44 & 45, A.L. 1998 H.B. 1571, A.L. 2006 S.B. 892, A.L. 2009 H.B. 239, A.L. 2010 H.B. 2201)

475.077 - Judgment of incapacity or disability set aside, when.

The court may, if just cause appears, at any time within sixty days after a judgment as to the capacity or disability of any person has been entered, set aside the judgment and order a new hearing; but if the result of the new hearing is the same as the result of the first, then the judgment shall not be set aside.

(L. 1983 S.B. 44 & 45)

475.290 - Final settlement required, when — notice.

1.Conservators shall make final settlement of their conservatorship at a time fixed by the court, either by rule or otherwise, within ninety days after termination of their authority, except for those cases where the court has ordered that no letters of administration be granted under section 475.320.For the purpose of settlement, the conservator shall make a just and true exhibit of the account between himself or herself and the protectee, and file the same in the court having jurisdiction thereof, and cause a copy of the account, together with a written notice stating the day on which and the court in which the conservator will make settlement, to be delivered to the protectee or, in case of revocation or resignation, to the succeeding conservator or in case of death of the protectee to the executor or administrator of the protectee's estate or other person designated by the court, at least twenty days before the date set for settlement.

2.If, for any cause, a copy of the account and written notice cannot be delivered to the protectee or other person entitled thereto, the court may order notice of the filing of the account, and of the time and place at which final settlement is to be made, to be given by publication once a week for four weeks next before the date set for settlement in accordance with section 472.100.

3.At the time specified in the notice, the court, upon satisfactory proof of the delivery of a copy of the account and written notice of the settlement to the protectee or person entitled thereto, or the protectee's written waiver thereof, or in case the court has ordered notice to be given by publication, then upon proof of compliance with such order, shall proceed to examine the accounts of the conservator, correct all errors therein, if any there be, and make a final settlement with the conservator; or the court may, for good cause, continue the settlement and proceed therein at any time agreed upon by the parties or fixed by the court.

(RSMo 1939 § 430, A.L. 1955 p. 385 § 339, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)

Prior revisions: 1929 § 430; 1919 § 426; 1909 § 456

475.390 - When guardian appointed.

Whenever, pursuant to any law of the United States or regulation of the Veterans Administration, it is necessary, prior to payment of benefits, that a guardian be appointed, the appointment may be made in the manner herein provided.