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

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 …

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…