reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.070 - Notice of petition for appointment of guardian or conservator for a minor — service on parents of minor not required, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2018, 2 histories
475.070. Notice of petition for appointment of guardian or conservator for a minor — service on parents of minor not required, when. —
1. Before appointing a guardian or conservator for a minor, notice of the petition therefor shall be served upon the following unless they have signed such petition or have waived notice thereof:
(1) The minor, if over fourteen years of age;
(2) The parents of the minor;
(3) The spouse of the minor;
(4) The person or entity nominated to serve as guardian or conservator;
(5) If directed by the court:
(a) Any person who has been appointed guardian or any person having care and custody of the minor;
(b) Any department, bureau or agency of the United States or of this state or any political subdivision thereof, which makes or awards compensation, pension, insurance or other allowance for the benefit of the ward's estate;
(c) Any department, bureau or agency of this state or any political subdivision thereof or any charitable organization of this state, which may be charged with the supervision, control or custody of the minor.
2. If the minor is over fourteen years of age, there shall be personal service upon him if personal service can be had. Service on others may be had in accordance with section 472.100.
3. If a petition for the appointment of a guardian of a minor is filed for the sole and specific purpose of school registration or medical insurance coverage, upon the filing of an affidavit by the petitioner stating that, after due and diligent effort to the best of his or her ability, the whereabouts or identity of either or both parents of the minor remains unknown, the court may proceed with the appointment of such a guardian without having obtained service upon the parents of the minor.
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(L. 1955 p. 385 § 296, A.L. 1959 S.B. 141, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al., A.L. 2000 S.B. 944, A.L. 2018 S.B. 806)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.077 - Judgment of incapacity or disability set aside, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
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.
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(L. 1983 S.B. 44 & 45)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.078 - Effect of adjudication.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2018, 2 histories
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.
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(L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.079 - Order appointing guardian or conservator.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2018, 2 histories
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.
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(L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.080 - Appointment of limited guardian or conservator.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2018, 3 histories
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.
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(L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.081 - Persons having disappeared, absent from country, or forcibly detained, to be partially disabled, limited conservator appointed — procedure — termination, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1994
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.
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(L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al., A.L. 1994 S.B. 734)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.084 - Visitation, parent may petition for, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2018
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.
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(L. 2018 S.B. 806)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.085 - Cost of proceedings as to disability or incapacity.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
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.
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(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
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.091 - Court's powers, estates or affairs of minors or disabled persons.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
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.
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(L. 1983 S.B. 44 & 45)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.093 - Court may authorize participation in family trust.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2011
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.
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(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)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.094 - Conservator, authorized exercise of powers.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2018, 2 histories
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.
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(L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.095 - Conservator of the estate of nonresident minors and disabled persons.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
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.
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(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
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.097 - Conservator or guardian ad litem — conflicts of interest, removal.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 03 Jun 1986, see footnote
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.
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(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.).
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.100 - Bond of conservator of estate of minor or disabled person.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
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.
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(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
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.105 - Letters of guardianship or conservatorship — form.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2009
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
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(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
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.110 - Removal of guardian or conservator — incapacitated or disabled person, continuation of guardianship after dissolution of marriage, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2001
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.
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(L. 1955 p. 385 § 304, A.L. 1983 S.B. 44 & 45, A.L. 2001 H.B. 454)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.115 - Appointment of successor guardian or conservator — transfer of case, procedure.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2019, 2 histories
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 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.
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(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, A.L. 2019 S.B. 230)
Prior revisions: 1929 § 497; 1919 § 493; 1909 § 523
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.121 - Admission to mental health or developmental disability facilities.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2011
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.
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(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)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.123 - Medical and surgical procedures — consent — emergency.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
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 procedure cannot 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.
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(L. 1983 S.B. 44 & 45)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.125 - Support and education of protectee and dependents.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2018, 3 histories
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.
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(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
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.132 - Individual liability of conservator.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
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.
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(L. 1983 S.B. 44 & 45 )
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.134 - Protection of persons dealing with conservator.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
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.
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(L. 1983 S.B. 44 & 45)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.140 - Notice of conservatorship of disabled persons.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1993
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.
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(L. 1955 p. 385 § 309, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 1993 S.B. 88)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.145 - Inventory and appraisement.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 2018, 2 histories
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.
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(L. 1955 p. 385 § 310, A.L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.150 - Appraisement not required, when.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
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.
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(RSMo 1939 § 399, A.L. 1955 p. 385 § 311, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 399; 1919 § 395; 1909 § 427
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.155 - Continuation of business.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1983
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.
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(L. 1955 p. 385 § 312, A.L. 1983 S.B. 44 & 45)
2023 Missouri Revised Statutes › Title XXXI - Trusts and Estates of Decedents and Persons Under Disability › Chapter 475 - Probate Code — Guardianship › Section 475.160 - Assets of protectee, action to obtain, procedure.

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY
Chapter 475
• Effective - 28 Aug 1985
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.
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(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.