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

Steven Groce, Attorney Advertisement

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.).