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

475.010. Definitions. — When used in this chapter, unless otherwise apparent from the context, the following terms mean: (1) "Adult", a person who has reached the age of eighteen years; (2) "Claims", liabilities of the protectee arising in contract, in tort or otherwise, before o…

475.011. Preference for spiritual healing not evidence of incapacity. — Nothing in this chapter shall be construed to constitute evidence of incapacity or partial incapacity of a person solely because such person refuses medical treatment upon the grounds that such person has con…

475.015. Relationship of guardianship provisions to uniform veterans' guardianship law — powers of Veterans' Administration. — 1. Sections 475.380 to 475.480, known as the "Uniform Veterans' Guardianship Act", do not apply to a guardianship proceeding, whether or not the ward is …

475.016. Persons adjudged incompetent prior to September 28, 1983 — review — effect on prior appointed guardians — one year to meet new reporting requirements. — 1. If there has been an adjudication of incompetency before September 28, 1983, any person so adjudicated shall be dee…

475.020. Applicability of provisions of probate code to guardianship. — The provisions of chapter 472, unless therein restricted to decedents' estates, apply to guardianships and conservatorships. Where sections in chapter 473 are specifically incorporated by reference by any pro…

475.025. Rights of parents as natural guardians of minors. — In all cases not otherwise provided for by law, the father and mother, with equal powers, rights and duties, while living, and in case of the death of either parent the survivor, or when there is no lawful father, then …

475.030. Letters of guardianship and conservatorship issued, when. — 1. Letters of guardianship of the person may be granted for any person adjudged incapacitated. Letters of conservatorship of the estate may be granted for any person adjudged to be disabled. 2. Letters of conser…

475.035. Venue. — 1. The venue for the appointment of a guardian or conservator shall be: (1) In the county in this state where the minor or alleged incapacitated or disabled person is domiciled. Domicile for a minor is the domicile of the custodial parent, custodial parents, or …

475.040. Change of venue. — If it appears to the court, acting on the petition of the guardian, the conservator, the respondent or of a ward over the age of fourteen, or on its own motion, at any time before the termination of the guardianship or conservatorship, that the proceed…

475.045. Who may be appointed guardian of minor. — 1. Except in cases where they fail or refuse to give required security or are adjudged unfit for the duties of guardianship or conservatorship, or waive their rights to be appointed, the following persons, if otherwise qualified,…

475.046. Standby guardian permitted, when — appointment procedure — authority effective, when. — 1. A custodial parent may designate a person to act as standby guardian of a minor or incapacitated person by a will that complies with the requirements of section 474.320 or by a sep…

475.050. Appointment of guardian or conservator of disabled or incapacitated persons — order of priority. — 1. Before appointing any other eligible person as guardian of an incapacitated person, or conservator of a disabled person, the court shall consider the suitability of appo…

475.055. Qualifications of guardians or conservators. — 1. Except as herein otherwise provided: (1) Any adult person may be appointed guardian of the person or conservator of the estate, or both, of a minor or incapacitated or disabled person, except that a parent shall not be de…

475.060. Application for guardianship — petition for guardianship requirements — incapacitated persons, petition requirements. — 1. Any person may file a petition for the appointment of himself or herself or some other qualified person as guardian of a minor. Such petition shall …

475.061. Application for conservatorship — may combine with petition for guardian of person. — 1. Any person may file a petition in the probate division of the circuit court of the county of proper venue for the appointment of himself or herself or some other qualified person as …

475.062. Procedures for petition for appointment of conservator. — 1. When a petition for appointment of a conservator of the estate of an alleged disabled person is not made or consented to by said alleged disabled person, the procedures as to notice, appointment of counsel, hea…

475.065. Single guardianship or conservatorship for two or more persons. — When application is made for the appointment of a guardian or conservator for two or more minors or incapacitated or disabled persons who are children of a common parent, or are parent and child, or are hu…

475.070. Notice of petition for appointment of guardian or conservator for a minor — service on parents of minor not required, when. — 1. Before appointing a guardian or conservator for a minor, notice of the petition therefor shall be served upon the following unless they have s…

475.075. Hearing on capacity or disability — notice — service — contents of petition, appointment of attorney — examination of respondent, when — burden of proof — rights of respondent — factors court to consider. — 1. Except as otherwise provided in section 475.062, when a petit…

475.077. Judgment of incapacity or disability set aside, when. — The court may, if just cause appears, at any time within sixty days after a judgment as to the capacity or disability of any person has been entered, set aside the judgment and order a new hearing; but if the result…

475.078. Effect of adjudication. — 1. An adjudication of partial incapacity or partial disability does not operate to impose upon the ward or protectee any legal disability provided by law except to the extent specified in the order of adjudication, provided that the court shall …

475.079. Order appointing guardian or conservator. — 1. If it appears to the court or if it is found by the jury or the court upon proof by clear and convincing evidence that the person for whom a guardian is sought is incapacitated as defined in this law and that the respondent'…

475.080. Appointment of limited guardian or conservator. — 1. If the court, after hearing, finds that a person is partially incapacitated and that the respondent's identified needs cannot be met by a less restrictive alternative, the court shall appoint a limited guardian of the …

475.081. Persons having disappeared, absent from country, or forcibly detained, to be partially disabled, limited conservator appointed — procedure — termination, when. — 1. If a person has disappeared and cannot be located or has been forcibly detained either illegally or by a f…

475.082. Review of status of persons under guardianship or conservatorship — required report, content. — 1. At least annually, the court shall inquire into the status of every adult ward and protectee under its jurisdiction for the purpose of determining whether the incapacity or…

475.083. Termination of guardianship or conservatorship, when. — 1. The authority of a guardian or conservator terminates: (1) When a minor ward becomes eighteen years of age; (2) Upon an adjudication that an incapacitated or disabled person has been restored to capacity or abili…

475.084. Visitation, parent may petition for, when. — If a guardian has been appointed for a minor under the provisions of subdivision (2) of subsection 4 of section 475.030, then a parent of the minor may petition the court for periods of visitation. The court may order visitati…

475.085. Cost of proceedings as to disability or incapacity. — 1. The costs of proceedings as to incapacity or disability of any person shall be paid from his estate if he is found incapacitated or disabled or, if his estate is insufficient, costs shall be paid by the county; but…

475.091. Court's powers, estates or affairs of minors or disabled persons. — The court has the following powers which may be exercised directly or through a conservator in respect to the estate and affairs of minors and disabled persons: (1) While a petition for appointment of a …

475.092. Protective arrangements and single transactions, court's powers — limitation of trustee's liability. — 1. If it is established in a proceeding conducted in a manner similar to a proceeding for the appointment of a conservator of the estate that a person is a minor or dis…

475.093. Court may authorize participation in family trust. — 1. If the court finds that the establishment of a trust would be in the protectee's best interest, the court may authorize the establishment of a trust account for the benefit of a protectee pursuant to sections 402.19…

475.094. Conservator, authorized exercise of powers. — 1. After notice to interested persons and upon express authorization of the court, a conservator may: (1) Make gifts that the protectee might have been expected to make including, but not limited to, gifts to qualify for gove…

475.095. Conservator of the estate of nonresident minors and disabled persons. — 1. If any minor or disabled person domiciled and residing without this state has any estate within this state, the probate division of the circuit court of the county in which the estate or any part …

475.097. Conservator or guardian ad litem — conflicts of interest, removal. — 1. If a natural or appointed guardian or conservator is not effectively performing his duties and the court further finds that the welfare of the minor or incapacitated or disabled person requires immed…

475.100. Bond of conservator of estate of minor or disabled person. — Every conservator of the estate of a minor or disabled person, before entering upon the duties of his office, shall execute and file a bond, approved by the court, procured at the expense of the estate with suf…

475.105. Letters of guardianship or conservatorship — form. — 1. When a duly appointed guardian or conservator has given bond, as required by law, and the bond has been approved, letters under the seal of the court shall be issued to the person appointed. Such letters shall speci…

475.110. Removal of guardian or conservator — incapacitated or disabled person, continuation of guardianship after dissolution of marriage, when. — 1. When a minor ward has attained the age of fourteen years, the guardian of his or her person may be removed on petition of the war…

475.115. Appointment of successor guardian or conservator — transfer of case, procedure. — 1. When a guardian or conservator dies, is removed by order of the court, or resigns and his or her resignation is accepted by the court, the court shall have the same authority as it has i…

475.120. General powers and duties of guardian of the person — social service agency acting on behalf of ward, requirements — preneed funeral contract permitted, when. — 1. The guardian of the person of a minor shall be entitled to the custody and control of the ward and shall pr…

475.121. Admission to mental health or developmental disability facilities. — 1. Pursuant to an application alleging that the admission of the ward to a particular mental health or developmental disability facility is appropriate and in the best interest of the ward, the court ma…

475.123. Medical and surgical procedures — consent — emergency. — 1. No medical or surgical procedure shall be performed on any ward unless consent is obtained from the guardian of his person except as provided in subsections 2 and 3 hereof. 2. If the life of the ward is threaten…

475.125. Support and education of protectee and dependents. — 1. The court may make orders for the management of the estate of the protectee for the care, education, treatment, habilitation, respite, support and maintenance of the protectee and for the support and maintenance of …

475.130. General duties and powers of conservator of estate. — 1. The conservator of the estate of a minor or disabled person shall, under supervision of the court, protect, preserve, and manage the estate, apply it as provided in this code, account for it faithfully, perform all…

475.132. Individual liability of conservator. — 1. Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in his capacity as conservator in the course of administration of the estate unless he fails to reveal his re…

475.134. Protection of persons dealing with conservator. — A person who in good faith either assists a conservator or deals with him for value in any transaction other than those requiring a court order is protected as if the conservator properly exercised the power. The fact tha…

475.140. Notice of conservatorship of disabled persons. — 1. The clerk, as soon as letters of conservatorship of the estate of any disabled person are issued, upon the basis of a determination of disability other than minority, shall cause to be published in some newspaper a noti…

475.145. Inventory and appraisement. — When a conservator of the estate has been appointed, an inventory and appraisement of the estate of the protectee shall be made in the same manner and within the same time and subject to the same requirements as are provided in sections 473.…

475.150. Appraisement not required, when. — When any personal estate is received by a conservator from a personal representative, or former conservator, which has been appraised, it is not necessary for the conservator to cause the same to be appraised again, but he shall state i…

475.155. Continuation of business. — In all cases where the court deems it advantageous to continue the business of a protectee, such business may be continued by the conservator of the estate on order of the court and according to the rules specified in section 473.300 for the c…

475.160. Assets of protectee, action to obtain, procedure. — Any conservator, protectee, creditor or other person, including a person interested in expectancy, reversion or otherwise, who claims an interest in property which is claimed to be an asset of the estate of a protectee …