Title XXXI — TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

475.190. Investment of liquid assets of estate of protectee — reports. — 1. On or after August 28, 2009, the conservator shall invest liquid assets of the estate of the protectee, other than funds needed to meet debts and expenses currently payable, in accordance with the provisi…

475.200. Purposes for which property may be sold — petition, examination, order. — 1. The real or personal property of the protectee, or any part thereof or any interest therein, may be sold, mortgaged, pledged, leased or exchanged by the conservator of the estate upon such terms…

475.205. Claims against estate — procedure. — All claims against the estate of a protectee, whether they constitute liabilities of the protectee which arose before or after the conservatorship, or liabilities incurred by the conservator for the benefit of the protectee or his est…

475.210. Filing of notice of pendency of action in other court against conservator, effect — disabled persons, application of law. — 1. The filing in the probate division of the circuit court of a notice of the pendency in some other court or division of an action, suit or procee…

475.211. Claims against minors or protectees, classification. — All claims against the estate of a minor or other protectee shall be divided into the following classes: (1) Court costs; (2) Expenses of administration including fees of the guardian and conservator and their attorn…

475.213. Payment of claims according to priority. — 1. All claims filed against the estate of a protectee shall be paid by the conservator as far as he has assets subject thereto, in the order specified in section 475.211, and, unless otherwise provided by law, no claim of one cl…

475.230. Sales of real estate, how made — notice required. — 1. Sales of real estate of protectees shall be conducted in the same manner and the same proceedings shall be had with reference thereto as in cases of sale of real estate of decedents for payment of claims. 2. Unless w…

475.235. Order of sale, contents. — The court may order the real estate sold at public or private sale, or it may, in its order, provide that the conservator may sell at either public or private sale, at his option; but in no case shall the same be sold for less than three-fourth…

475.240. Report and approval of sale. — Whenever any conservator sells any real estate belonging to his protectee, under an order of court, he shall report the sale to the court ordering the sale, within the same time and in the same manner as personal representatives are require…

475.245. Deeds by conservator or successor, acknowledgment, evidentiary effect — sheriff of county to sign deed, when. — 1. Any conservator, having received payment of the purchase money for any real estate sold by him under this law, shall execute and deliver to the purchaser th…

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

475.255. Receipts and acknowledgments of conservators, effect. — Receipts or acknowledgments given by a conservator during the continuance of his office, for the payment of any debts, rents or other money or property due to his protectee, are valid in favor of all persons who tak…

475.260. Actions against protectee, process, enforcement of judgments. — 1. When there is a conservator of the estate, all actions between the protectee or the conservator and third persons in which it is sought to charge or benefit the estate of the protectee shall be prosecuted…

475.265. Compensation of guardians and conservators. — A guardian or conservator shall be allowed such compensation for his services as guardian or conservator, as the court shall deem just and reasonable. Additional compensation may be allowed for his necessary services as attor…

475.270. Annual settlements required, when, exception — information required. — 1. Every conservator shall file with the court annually, or more often if required by the court, a settlement of the conservator's accounts if required by the court detailing the current status of the…

475.275. Verification of securities held by conservator — pooled accounts, defined, restrictions on — examination of pooled accounts, when. — 1. The conservator, at the time of filing any settlement with the court, shall exhibit all securities or investments held by him to an off…

475.276. Order waiving settlement, when. — 1. If the assets of the protectee are under the control of another fiduciary, including a Social Security representative payee or Veterans Affairs fiduciary, or if the value of the assets of the estate of a protectee does not exceed the …

475.280. Settlement and report dockets — notice to conservators and guardians. — 1. The clerk shall keep a docket in which shall be entered the names of all conservators and the particular day upon which their annual settlements are required. 2. The clerk shall notify each conser…

475.290. Final settlement required, when — notice. — 1. Conservators shall make final settlement of their conservatorship at a time fixed by the court, either by rule or otherwise, within ninety days after termination of their authority, except for those cases where the court has…

475.295. Death of conservator, personal representative to make settlement — waived when. — 1. In case of the death of a conservator, his personal representative shall make settlement with his successor, and deliver the property and money belonging to the protectee whose estate wa…

475.300. Order for payment to protectee of amount due. — The court shall order payment of the amount found to be due, and the rendition of any effects, property, rights or credits belonging to the protectee, to the protectee, or to the successor of the conservator, or to the pers…

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

475.310. Estate delivered by resident conservator to foreign guardian or conservator, when. — Whenever it appears to the court that any protectee, having a conservator in this state, is not a resident of this state, and has a guardian, conservator, committee or curator in another…

475.315. Receipt by protectee, successor or others, discharge. — Successors of conservators or personal representatives, having received all money and other estate found to be due to their protectees or to the estate of a deceased protectee, and protectees having received all mon…

475.320. Death of protectee, distribution of estate — administration, when. — 1. Except in cases mentioned in subsection 2, the court, upon the death of any protectee, may order that no letters of administration shall be granted upon his estate, but the funeral and burial expense…

475.322. Use of multiple-party accounts and joint property. — When a protectee: (1) Purchased United States bonds in co-ownership form, payable to himself and another or the survivor, or in beneficiary form, payable to himself during his lifetime and to another upon his death; (2…

475.325. Escheat of minor's estate, when. — If upon the final settlement of a minor's estate, made upon his arrival at eighteen years of age, the residence or whereabouts of the protectee is unknown to his conservator or the court before whom such settlement is made or if the pro…

475.330. Conservatorship dispensed with, when. — 1. When the whole estate of a minor does not exceed the value of ten thousand dollars, the court may, in its discretion, without the appointment of a conservator or the giving of bond, authorize: (1) The deposit in a depositary aut…

475.335. Payment and delivery to foreign guardian or conservator. — Any person indebted to a minor or disabled person or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a minor or disabled person may pay such debt or del…

475.336. Effect of filing letters of foreign guardian or curator. — If no local conservator has been appointed and no petition in a conservatorship proceeding is pending in this state, a domiciliary foreign guardian, curator, committee or conservator may file with a court of a co…

475.337. Jurisdiction by act of foreign guardian or conservator. — A foreign guardian, curator, committee or conservator submits personally to the jurisdiction of the courts of this state in any proceeding relating to the estate by filing authenticated copies of his appointment a…

475.338. Service on foreign guardian or conservator. — 1. Service of process may be made upon the foreign guardian, curator, committee or conservator by registered or certified mail, addressed to his last reasonably ascertainable address. Notice by ordinary first class mail is su…

475.339. Nonresident domiciliary guardian or conservator. — Notwithstanding any other provision of law, a domiciliary guardian, committee, curator or conservator of a nonresident person, although a nonresident of this state or a corporation of another state or country, whether or…

475.340. Mortgage or sale of real estate of ward by nonresident conservator. — 1. When a nonresident person, owning real estate in this state, has a guardian, committee, curator or conservator of the estate in the state or territory in which he resides, the probate division of th…

475.341. Voidable transactions, exceptions. — 1. Except when a public administrator is serving as conservator, a sale, encumbrance, or other transaction involving the management of the conservatorship entered into by the conservator for the conservator's own personal gain or whic…

475.342. Estate property, conservator's duties. — The conservator shall: (1) Keep estate property separate from the conservator's own property; and (2) Cause the estate's property to be designated so that any ownership interest of the estate, to the extent feasible, appears in re…

475.343. Personal financial resources, guardian not obligated to use — court order for ward's admission to mental health facility — authorized acts of social service agencies. — 1. A guardian of an adult or minor ward is not obligated by virtue of such guardian's appointment to u…

475.345. Transactions of protectees voidable, when. — A sale, exchange, lease, gift, contract, release or other transaction affecting his estate entered into by a protectee at a time when he is a minor or lacks sufficient mental capacity to understand the transaction and its effe…

475.350. Incapacitated public officer, proceedings. — If any person adjudicated incapacitated by the judge of the probate division of the circuit court is, at the time of the adjudication, a duly qualified public officer of this state, or of any county in this state, or of any mu…

475.355. Temporary emergency detention. — 1. If, upon the filing of a petition for the adjudication of incapacity or disability it appears that the respondent, by reason of a mental disorder or intellectual disability or developmental disability, presents a likelihood of serious …

475.357. Child custody and visitation, probate courts to have jurisdiction, when. — The probate divisions of the courts of this state have jurisdiction over issues of the adjudication of incapacity, partial incapacity, disability, or partial disability and the appointment of a gu…

475.361. Wards, rights of. — 1. The provisions of section 475.078 notwithstanding to the contrary, in every guardianship, the ward has the right to: (1) A guardian who acts in the best interests of the ward; (2) A guardian who is reasonably accessible to the ward; (3) Communicate…

475.370. Exhaustion of estate. — 1. If the estate of any incapacitated ward or protectee is insufficient to pay his debts, to maintain himself and family, or educate his children, his guardian or conservator may apply to the county commission of the proper county, by petition, se…

475.380. Definitions. — As used in sections 475.380 to 475.480: (1) "Person" means an individual, a partnership, a corporation or an association; (2) "Veterans administration" means the Veterans Administration, its predecessors or successor; (3) "Income" means moneys received fro…

475.385. Administrator as party in interest. — 1. The administrator shall be a party in interest in any proceeding for the appointment or removal of a guardian or for the removal of the disability of minority or mental incapacity of a ward, and in any suit or other proceeding aff…

475.390. When guardian appointed. — Whenever, pursuant to any law of the United States or regulation of the Veterans Administration, it is necessary, prior to payment of benefits, that a guardian be appointed, the appointment may be made in the manner herein provided. ­­-------- …

475.395. Number of wards limited. — No person, other than a bank, trust company or public administrator shall be guardian of more than five wards at one time, unless all the wards are members of one family. Upon presentation of a petition by an attorney of the Veterans Administra…

475.400. Petition for appointment of guardian. — 1. A petition for the appointment of a guardian may be filed by any relative or friend of the ward or by any person who is authorized by law to file such a petition. If there is no person so authorized or if the person so authorize…

475.405. Proof of necessity for appointment — minority. — Where a petition is filed for the appointment of a guardian for a minor, a certificate of the administrator or his authorized representative, setting forth the age of such minor as shown by the records of the Veterans Admi…

475.410. Proof of necessity for appointment — incompetency. — Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the administrator or his duly authorized representative, that such person has been rated incompetent by the …