When a court case is held to decide if someone is incapacitated or disabled: if they are found to be incapacitated or disabled, the costs come out of their own estate; if their estate does not have enough money, the county pays. If they are found NOT to be incapacitated or disabled, the person who started the case pays the costs — unless that person is a government employee doing their job, in which case the county pays. If the person the case is about has no money, the court still takes the case without a filing fee, and costs are figured out after the court makes its decision.
475.085. Cost of s as to or . — 1. The of proceedings as to incapacity or disability of any person shall be paid from his if he is found or 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 the , unless he is a public employee acting in his , in which case the costs shall be paid by the county.
2. The court shall accept and act upon a petition as to an without requiring a filing fee. The costs of the proceeding shall be 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
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.