Missouri Statute | Act | Code |Trusts And Estates Of Decedents And Persons Under Disability| US Code - US Statute

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

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

(5) "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;

(6) "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. The term "guardian", as used
in this chapter, includes "limited guardian" unless otherwise specified
or apparent from the context;

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

(8) "Habilitation", instruction, training, guidance or treatment designed
to enable and encourage a mentally retarded or developmentally disabled
person as defined in chapter 630, RSMo, to acquire and maintain those
life skills needed to cope more effectively with the demands of his own
person and of his environment;

(9) "Incapacitated person", one who is unable by reason of any physical
or mental condition to receive and evaluate information or to communicate
decisions to such an extent that he 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. The term
"incapacitated person" as used in this chapter includes the term
"partially incapacitated person" unless otherwise specified or apparent
from the context;

(10) "Least restrictive environment", that there shall be imposed on the
personal liberty of the ward only such restraint as is necessary to
prevent him from injuring himself and others and to provide him with such
care, habilitation and treatment as are appropriate for him considering
his physical and mental condition and financial means;

(11) "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 him by a person of ordinary
skills and intelligence commensurate with his training and education;

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

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

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

(15) "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;

(16) "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;

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

(18) "Ward" is a minor or an incapacitated person for whom a guardian or
limited 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)

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.)

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

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. (L. 1983
S.B. 44 & 45 § 475.015)

The provisions of chapter 472, RSMo, unless therein restricted
to decedents' estates, apply to guardianships and conservatorships. Where
sections in chapter 473, RSMo, 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, RSMo,
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)

A parent of a minor, by a properly executed power of attorney,
may delegate to another individual, for a period not exceeding one year,
any of his or her powers regarding care or custody of the minor child,
except his or her power to consent to marriage or adoption of the minor
child. (L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al., A.L. 2004 H.B.
1453)

CROSS REFERENCE: Transfer of custody, penalty, when, RSMo 453.110

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.

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. (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.

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, RSMo.

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.)

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)

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 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, the court shall appoint
as guardian or conservator of a minor the most suitable person who is
willing to serve. (RSMo 1939 §§ 375, 378, 379, 380, 392, A.L. 1955 p. 385
§ 290, A.L. 1983 S.B. 44 & 45)

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, RSMo
473.743, 473.747

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
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, at a time within five
years before the hearing when the person was able to make and communicate
a reasonable choice;

(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 executed within five years before the
hearing.

2. 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. In the event there is not brought to
the attention of the court any such valid nomination executed within five
years before the hearing, then the court shall give consideration to the
most recent valid nomination brought to its attention, but the court
shall not be required to follow such nomination. (L. 1983 S.B. 44 & 45,
A.L. 1989 H.B. 145, A.L. 1994 S.B. 734, A.L. 1996 S.B. 719)

*No continuity with § 475.050 as repealed by L. 1983 S.B. 44 & 45.

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, RSMo, section 473.689, RSMo,
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, RSMo. (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.

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

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

(2) The estimated value of his real and personal property;

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

(4) The name and address of the parents of the minor or incapacitated
person 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 or incapacitated person;

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

(7) The name and address of any guardian of the person or conservator of
the estate of the minor or 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 disabled persons for
whom such person is already guardian or conservator;

(9) In the case of an incapacitated person, the fact that the person for
whom guardianship is sought is unable by reason of some specified
physical or mental 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 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.
(RSMo 1939 §§ 377, 447, A.L. 1955 p. 385 § 293, A.L. 1983 S.B. 44 & 45,
A.L. 2000 S.B. 944)

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.

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 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 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 mental 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)

1. When a petition for appointment of a conservator of the
estate of an alleged disabled person is made by said person, or said
person's consent to the appointment sought is endorsed on the petition or
filed with it, the court, after appointment of counsel for the alleged
disabled person, if satisfied, by interview with the alleged disabled
person or otherwise, that the alleged disability does exist, that the
disabled person wishes the appointment and has capacity to understand the
need for it and make a reasonable choice of conservator and that the
person nominated as conservator is suitable, qualified and has or will
accept the appointment, may, without notice or hearing, appoint as
conservator of the estate, the person, organization or corporation
designated by the disabled person. If it appears that the alleged
disabled person is a codepositor or cotenant, the other codepositors and
cotenants shall, in any event, be given notice before the court acts.

2. 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.

3. 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)

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)

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) 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, RSMo.

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)

1. Except as otherwise provided in section 475.062, when a
petition for the appointment of a guardian ad litem, guardian or
conservator against any person, hereinafter referred to as the
respondent, is filed on grounds other than minority, the court, if
satisfied that there is good cause for the exercise of its jurisdiction,
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 7 and 8 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. The
petition shall state the names and addresses of the spouse, parents,
children who have reached eighteen, any person serving as his guardian,
conservator, limited guardian or limited conservator, any person having
power to act in a fiduciary capacity with respect to any of the
respondent's financial resources, and any person having his care and
custody known to the petitioner. Each person so listed shall be served
with like notice in any manner permitted by section 472.100, RSMo. If no
such spouse, parent or child is known, notice shall be given to at least
one of his closest relatives who has reached eighteen.

3. 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 his client prior to the hearing. If
the client is capable of understanding the matter in question or of
contributing to the advancement of the client's interest, the attorney
shall obtain from the client all possible aid. If the disability of a
client compels the attorney to make decisions for the client, the
attorney shall consider all circumstances then prevailing and act with
care to safeguard and advance the interests of the client. The court
shall allow a reasonable attorney's fee for the services rendered, to be
taxed as costs of the proceeding. The court-appointed attorney may be
permitted to withdraw if the respondent employs private counsel who
enters an appearance on behalf of said person.

4. The court may direct that the respondent be examined by a physician or
licensed psychologist or other appropriate professional designated by the
court, and may allow a reasonable fee for the services rendered, to be
taxed as costs in the proceeding. The court-appointed physician, licensed
psychologist or other professional shall, prior to examination, explain
to the respondent in simple language, the following:

(1) Incapacity or disability as defined in section 475.010;

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

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

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

5. The court-appointed physician, licensed psychologist or other
professional shall submit his report in writing to the court and to
counsel for all parties.

6. If prima facie proof of partial or complete incapacity or disability
is made, a physician or licensed psychologist is competent and may be
compelled to testify as to information acquired from the respondent,
despite otherwise applicable testimonial privileges. Evidence received
under this subsection which would otherwise be privileged may not be used
in any other civil action or criminal proceeding without the consent of
the holder of the privilege.

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

8. The respondent shall have the following rights in addition to those
elsewhere specified:

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

(2) The right to have a jury trial;

(3) The right to present evidence in his behalf;

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

(5) The right to remain silent;

(6) The right to have the hearing opened or closed to the public as he
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. If the court finds that the respondent possesses capacity to meet his
essential requirements for food, clothing, shelter, safety and other care
or that he possesses the ability to manage his financial resources, it
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 him
incapable of meeting some or all of his 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 ability of the
respondent to receive and evaluate information or to communicate
decisions is impaired to such an extent so as to render him unable to
manage some or all of his financial resources, it shall make and recite
in its order detailed findings of fact stating:

(1) The extent of his physical and mental incapacity to care for his
person;

(2) The extent of his physical and mental disability to manage his
financial resources;

(3) Whether or not he requires placement in a supervised living situation
and, if so, the degree of supervision needed;

(4) Whether or not his financial resources require supervision and, if
so, the nature and extent of supervision needed.

10. 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 environment principle as
defined in this chapter and shall not restrict his personal liberty or
his freedom to manage his financial resources to any greater extent than
is necessary to protect his person and his financial resources. The court
shall consider whether or not the respondent may be fully protected by
the rendition of temporary protective services provided by a private or
public agency or agencies; or by the appointment of a guardian or
conservator ad litem; or by the appointment of a limited guardian or
conservator; or, as a last resort, by the appointment of a guardian or
conservator. 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.

11. If an alleged incapacitated or disabled person has no guardian or
conservator and an emergency exists which presents a substantial risk
that serious physical harm will occur to his person or irreparable damage
will occur to his property because of his failure or inability to provide
for his essential human needs or to protect his property, the court may,
with notice to such person's attorney, as provided in subsection 3 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 a guardian
or conservator ad litem for a specified period not to exceed thirty days
and for specified purposes. Orders appointing the guardian or conservator
ad litem may be modified upon motion and hearing. After hearing and a
showing of continuing emergency need, orders appointing the guardian or
conservator ad litem may be extended from time to time, not to exceed
thirty days each. A guardian 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, RSMo. (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.)

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.).

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)

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, and provided
further that the court is without jurisdiction to impose any legal
disability upon a disabled person for whom a conservator has been
appointed by reason of his disappearance, detention, or confinement.

3. A person who has been adjudicated incapacitated or disabled or both
shall be presumed to be incompetent. 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. (L. 1983 S.B. 44 & 45)

1. If it appears to the court that a guardian should be
appointed for a minor who is not incapacitated 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, the court may appoint a guardian of the person. The appointment of
guardians of minors shall be made in accordance with section 475.045,
except that if a person entitled to appointment as a guardian or entitled
to select a guardian fails to appear after notice or to apply for such
appointment or make selection in accordance with the order of the court
the court may appoint any suitable person as guardian.

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, the court may appoint a
conservator of the estate, who may be the same person appointed guardian
of the person. (L. 1983 S.B. 44 & 45)

1. If the court, after hearing, finds that a person is partially
incapacitated, 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 care for himself commensurate with his 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, 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 his financial resources commensurate with his ability to do so.
(L. 1983 S.B. 44 & 45)

*No continuity with § 475.080 as repealed by L. 1983 S.B. 44 & 45.

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)

1. At least annually, the court shall inquire into the status of
every ward and protectee under its jurisdiction for the purpose of
determining whether the incapacity or disability may have ceased and to
insure that the guardian or conservator is discharging his
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 his letters, a report concerning the personal status of the ward. 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) 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) If the ward is institutionalized, whether the guardian has received a
copy of the treatment or habilitation plan and whether the guardian
agrees with its provision;

(5) The date the ward was last seen by a physician and the purpose;

(6) Any major changes in the physical or mental condition of the ward
observed by the guardian;

(7) 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;

(8) The opinion of the guardian as to the adequacy of the present care of
the ward.

3. The court may as part of its review, in its discretion, order the
performance of a mental status evaluation of an incapacitated 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.

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 his behalf, that the guardian or conservator is not discharging
his responsibilities and duties as required by this chapter or has not
acted in the best interests of his 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 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 his 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 him by law. (L. 1983 S.B. 44 &
45, A.L. 1985 S.B. 35, et al.)

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 his 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.

3. Notwithstanding the termination of the authority of a conservator, he
shall continue to have such authority as may be necessary to wind up his
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, or to decrease the powers of the
guardian or conservator, except that if the court determines that the
petition is frivolous, the court may summarily dismiss the petition
without 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 modification of the powers of the guardian or conservator
without the necessity of notice and hearing.

6. Upon the filing of a petition without the joinder of the guardian or
conservator, the court shall cause the petition to be set for hearing
with notice to the guardian or conservator. 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 or conservator may petition the court to
increase his powers. Proceedings on the petition shall be in accordance
with the provisions of section 475.075. (L. 1983 S.B. 44 & 45, A.L. 1992
H.B. 903, A.L. 2001 S.B. 348)

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

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)

1. If it is established in a proceeding conducted in the manner
prescribed for appointment of a conservator of the estate that a person
is a minor or disabled, 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 minor or disabled person.

2. When it has been established in such a proceeding that the person is a
minor or disabled, the court, without appointing a conservator, may
authorize, direct or ratify any contract or other transaction relating to
the minor or disabled person's financial affairs or involving such
person's estate if the court determines that the transaction is in the
best interests of the minor or disabled person and if such action would
otherwise be within the power of the court pursuant to this chapter. A
transaction pursuant to this section may include the establishment by the
court or other grantor of an inter vivos trust on behalf of the minor or
disabled person provided that upon such person's death, after the payment
of trustees' fees, the state of Missouri shall first receive all amounts
remaining in the trust up to an amount equal to the total medical
assistance paid on such person's behalf pursuant to a state plan as
provided in Title 42 of the United States Code and, provided further,
that any creditor of the minor or disabled 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 such decedent's estate.

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 minor or disabled 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 for a minor or disabled
person prior to August 28, 1999, 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)

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 for the benefit of a protectee pursuant to
sections 402.199 to 402.255, RSMo, if it finds that the protectee
qualifies as a life beneficiary pursuant to section 402.205, RSMo, or the
court may authorize the establishment of such trust for the benefit of a
protectee pursuant to section 475.092.

2. A trust established pursuant to sections 402.199 to 402.225, RSMo,
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 (7) of section 402.200, RSMo, will be distributed
to the charitable trust as prescribed by section 402.215, RSMo. (L. 1996
S.B. 768, A.L. 1998 S.B. 852 & 913, A.L. 1999 S.B. 211 merged with S.B.
386)

If the court determines and enters a finding that a permanently
totally mentally disabled protectee's estate would be substantially
depleted upon his death by the payment of federal estate taxes, the court
is hereby empowered: to exercise or release powers of appointment, to
change the beneficiaries and elect options under insurance and annuity
policies, to make gifts to the natural objects of the protectee's bounty,
to convey or release his contingent and expectant interests in property
including marital property rights and any right of survivorship incident
to joint tenancy or tenancy by the entirety, to surrender insurance or
annuity policies for their cash values, to exercise his right to an
elective share in the estate of his deceased spouse, and to renounce any
interest by testate or intestate succession or by inter vivos transfer,
if such act or acts will not deplete the protectee's estate so as to
impair the ability to provide for the protectee's foreseeable lifetime
needs, and if such act will cause financial benefits to inure solely to
the natural objects of the protectee's bounty. Such act shall be
undertaken by the court only to the extent that it will result in a
substantial saving of federal estate tax for the estate of the disabled
protectee upon his death. (L. 1983 S.B. 44 & 45)

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

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 6-3-86

(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.).

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, RSMo, relating to the bonds of personal representatives, except
subsection 1 of section 473.157, RSMo, and subsection 1 of section
473.160, RSMo, 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

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 him. Such letters shall specify
whether they are of guardianship or limited 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 GUARDIANSHIP (AND

CONSERVATORSHIP) OF MINOR

Estate No. . . . . .

On . . . . . . . . . . , . . . . . . . . . . . . . . . . . was appointed
and has qualified as guardian of the person (and conservator of the
estate) for the following minor(s): . . . . . . . . . . . . . Born . . .
. . . . . . ., 19. . . . . . . . . . . . . . . . Born . . . . . . . . .
., 19. . . . . . . . . . . . . . . . Born . . . . . . . . . ., 19. . . .
. . . . . . . . . . . . Born . . . . . . . . . ., 19. . .

By reason thereof, the above-named guardian (and conservator) is
authorized and empowered to perform the duties of such 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 GUARDIANSHIP OF INCAPACITATED

PERSON (AND CONSERVATORSHIP OF

DISABLED PERSON)

Estate No. . . . .

On . . . . . . . . , . . . . . . . . . . . . . . . . . was appointed and
has qualified as guardian of the person (and conservator of the estate)
for . . . . . . . . . . . . . . . . . . . . . . . ., an incapacitated
(and disabled) person.

By reason thereof, the above-named guardian (and conservator) is
authorized and empowered to perform the duties of such 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 . . . ., 19. . .

. . . . . . . . . . . . . . . .

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.)

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

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, RSMo, 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)

When a guardian or conservator dies, is removed by order of the
court, or resigns and his 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. (RSMo 1939 § 496, A.L. 1955 p. 385 § 305, A.L. 1983 S.B. 44
& 45)

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

(1996) Ward is not entitled to jury trial for appointment of successor
guardian and conservator. Matter of Kolocotronis, 919 S.W.2d 4
(Mo.App.E.D.).

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 mental retardation 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. (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)

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

1. Pursuant to an application alleging that the admission of the
ward to a particular mental health or mental retardation 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 mental retardation 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, RSMo,
or section 633.120, RSMo.

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.)

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

1. The court may make orders for the management of the estate of
the protectee for the care, education, treatment, habilitation, support
and maintenance of the protectee and for the maintenance of his family
and education of his children, according to his means and obligation, if
any, out of the proceeds of his 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. 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.

3. 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, maintenance or safekeeping of the protectee and
his 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)

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

(1965) Guardian cannot pledge certificate of time deposit purchased with
assets of ward as collateral security for loan for minor's support
without first obtaining an order from probate court authorizing him to do
so. Western Casualty & Surety Co. v. First State Bank (A.), 390 S.W.2d
913.

1. Conservator of the estate of a minor or disabled person
shall, under supervision of the court, protect, preserve and manage the
estate, invest it, on or after August 28, 1998, in accordance with the
provisions of the Missouri prudent investor act, sections 456.900 to
456.913, RSMo, apply it as provided in this code, account for it
faithfully, perform all other duties required of him 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 which an ordinarily prudent man 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, he 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
his 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 his 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. 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.

4. 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 his estate and effects will extend, except as
provided in sections 507.150 and 507.188, RSMo.

5. 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 one thousand dollars;

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

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

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

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

(6) 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;

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

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

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

(10) 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.

6. If, in exercising any power conferred by subsection 5, of this
section, a conservator breaches any of the duties enumerated in
subsection 1, he 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 he has
power under subsection 5 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)

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

CROSS REFERENCE: Multinational banks, securities and obligations of,
investment in, when, RSMo 409.950

(1976) Guardian of an incompetent joint tenant has same power over joint
tenants' interest in a joint bank account as his ward had prior to
incompetency and may withdraw full amount of account without approval of
probate court. Matter of Estate of Thompson (A.), 539 S.W.2d 650.

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 )

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)

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, RSMo. Such notice shall be in
substantially the following form:

TO ALL PERSONS INTERESTED IN THE ESTATE OF ..............., A DISABLED
PERSON:

On the .......... day of ........., 19..., ........... 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)

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

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

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, RSMo, 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)

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. (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.

1. The conservator shall invest the money of the protectee, from
whatever source derived, unless it is required for other lawful purposes.

2. No investment, other than an investment (a) in the direct obligations
of or obligations unconditionally guaranteed as to principal and interest
by the United States or (b) in savings accounts and time deposits,
including time certificates of deposit, in banking institutions to the
extent such accounts or deposits are insured by the Federal Deposit
Insurance Corporation or (c) in accounts of savings and loan associations
to the extent such accounts are insured by the Federal Savings and Loan
Insurance Corporation, shall be made without prior order of the court.

3. The conservator may invest in any other property, real or personal,
which the court finds is a reasonable and prudent investment in the
circumstances. An order of court authorizing investment under this
subsection does not relieve a conservator or his sureties of
responsibility and liability if the investment made is not in fact in
accordance with the Missouri prudent investor act, sections 456.900 to
456.913, RSMo.

4. 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 him. 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 his 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.

5. If any conservator refuses or neglects to make the report at the time
aforesaid, or makes a false report thereof, he and his sureties are
liable on their bond for all loss or damage to the protectee occasioned
by reason of his neglect or refusal so to report, or by making a false
report, and the conservator may, on account thereof, be removed from his
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)

CROSS REFERENCE: Multinational banks, securities and obligations of,
investment in, when, RSMo 409.950

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

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

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, RSMo, 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

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)

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, RSMo, 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)

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,
except that there shall be no notice to parties in interest before the
making of the order. (RSMo 1939 § 405, A.L. 1955 p. 385 § 327, A.L. 1983
S.B. 44 & 45)

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

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

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

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

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 1-2-79

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

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)

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)

1. Every conservator shall file with the court a settlement of
his accounts once a year or oftener if required by the court. The annual
settlement shall be made at a time fixed by the court within thirty days
after the anniversary of the appointment of such conservator and on the
corresponding date of each year thereafter until the final settlement.

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

3. If the conservatorship estate meets the indigency standards prescribed
by chapter 208, RSMo, or if the assets of a protectee have been placed in
restricted custody, the court may waive the requirements of subsection 2
of this section 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. (RSMo 1939 §§ 420, 484, A.L. 1955 p.
385 § 335, A.L. 1983 S.B. 44 & 45)

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

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.

1. If the value of the assets of the estate of a protectee does
not exceed the value prescribed by chapter 208, RSMo, for welfare
eligibility and whether or not such protectee receives other old age,
disability or dependency 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, RSMo,
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)

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, RSMo, 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

1. Conservators shall make final settlement of their
conservatorship at a time fixed by the court, either by rule or
otherwise, within sixty days after termination of their authority. For
the purpose of settlement, the conservator shall make a just and true
exhibit of the account between himself and his 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 he will make settlement, to be delivered to his protectee
or, in case of revocation or resignation, to the succeeding conservator
or in case of death of his protectee to his executor or administrator 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, RSMo.

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 his 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)

Prior revisions: 1929 § 430; 1919 § 426; 1909 § 456

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

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

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

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

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

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

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.

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)

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

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, RSMo, shall be applicable and with respect to any property held
in tenancy by the entirety, the provisions of section 442.035, RSMo,
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)

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, RSMo, 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

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, RSMo. (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)

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

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)

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)

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)

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)

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

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

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

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 mental retardation, presents a likelihood of serious
physical harm to himself or others, he may be detained in accordance with
the provisions of chapter 632, RSMo, if suffering from a mental disorder,
or chapter 633, RSMo, if mentally retarded, pending a hearing on the
petition for adjudication.

2. As used in this section, the terms "mental disorder" and "mental
retardation" shall be as defined in chapter 630, RSMo, and the term
"likelihood of serious physical harm to himself or others" shall be as
defined in chapter 632, RSMo.

3. The procedure for obtaining an order of temporary emergency detention
shall be as prescribed by chapter 632, RSMo, 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)

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

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

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.

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)

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. (L. 1947 V. I p. 4 § 3)

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)

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)

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)

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)

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)

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)

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)

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)

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.

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)

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)

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)

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)

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)

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)

Sections 475.380 to 475.480 may be cited as "The Uniform
Veterans' Guardianship Law". (L. 1947 V. I p. 4 § 19)

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)

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)

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