When a court decides someone is partially unable to care for themselves or their money, that person only loses certain legal rights — the ones the court specifically lists. When a court decides someone is fully unable to care for themselves or their money, that person loses all legal rights that the law allows, except for any the court says they keep. A person ruled fully incapacitated is assumed to be incompetent, but a person ruled only partially incapacitated is assumed to still be competent. The court can also specifically say that a person keeps the right to vote, drive (if they pass the driving test), or get married.
475.078. Effect of . — 1. An adjudication of or does not operate to impose upon the or any provided by law except to the extent specified in the , 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 does operate to impose upon the ward or protectee all provided by law, except to the extent specified in the order of adjudication or otherwise in this chapter, and provided further that the court is without to impose any legal disability upon a for whom a has been appointed by reason of the person's disappearance, , or .
3. A person who has been or or both shall be to be , except as otherwise specified in this chapter. A person who has been or or both shall be presumed to be . The court at any time after a on the question may determine that an , disabled, or partially incapacitated or is incompetent for some purposes and competent for other purposes.
4. The court may expressly enter an that the ward's or protectee's right to vote shall be retained even though the ward or protectee is otherwise ; that the ward or protectee is permitted to drive a motor vehicle if the ward or protectee can pass the required driving test; or that the ward or protectee retains the right to marry.
Tap any gold-underlined word to see what it means.
Source & history notes
(L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)
Related Missouri laws
Judgment of incapacity or disability set aside, when
RSMo 475.077
Order appointing guardian or conservator
RSMo 475.079
Appointment of limited guardian or conservator
RSMo 475.080
Hearing on capacity or disability
RSMo 475.075
Persons having disappeared, absent from country, or forcibly detained, to be partially disabled, limited conservator appointed
RSMo 475.081
Review of status of persons under guardianship or conservatorship
RSMo 475.082
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.