A conservator is a person the court picks to manage someone else's money and property when that person can't do it themselves. With the court's permission, a conservator can do big things like make gifts, set up or change trusts, deal with insurance policies, or give up certain inheritance rights on behalf of the person they're helping. When the court decides whether to allow these actions, it tries to figure out what the protected person would have wanted, and also looks at things like their financial needs, taxes, and government benefits. A conservator cannot cancel or change a durable power of attorney without the court's approval.
475.094. , exercise of powers. — 1. After notice to and upon express of the court, a conservator may:
(1) Make gifts that the might have been expected to make including, but not limited to, gifts to for government benefits or to reduce federal ;
(2) , , or disclaim in property, including and any or ;
(3) Exercise or release a ;
(4) Create a revocable or of property of the , whether the extends beyond the duration of the , or or amend a trust revocable by the ;
(5) Exercise rights to elect options and change under insurance policies and annuities or surrender the policies and annuities for cash value;
(6) Exercise any right to an in the estate of the protectee's spouse and to or disclaim any interest by or or by during lifetime.
2. The court, in exercising or in approving a conservator's exercise of the powers listed under 1 of this section, shall consider primarily the decision that the protectee would have made, to the extent that the decision can be . The court shall also consider:
(1) The financial needs of the protectee and the needs of individuals who are in fact on the protectee for support and the interest of ;
(2) Possible reduction of income, estate, , or other tax ;
(3) Eligibility for government ;
(4) The protectee's previous pattern of giving or level of support;
(5) The existing ;
(6) The protectee's life and the probability that the conservatorship terminate before the protectee's death; and
(7) Any other factors the court considers relevant.
3. Without authorization of the court, a conservator shall not revoke or amend a of which the protectee is the .
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Source & history notes
(L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)
Related Missouri laws
Court may authorize participation in family trust
RSMo 475.093
Conservator of the estate of nonresident minors and disabled persons
RSMo 475.095
Protective arrangements and single transactions, court's powers
RSMo 475.092
Court's powers, estates or affairs of minors or disabled persons
RSMo 475.091
Conservator or guardian ad litem
RSMo 475.097
Bond of conservator of estate of minor or disabled person
RSMo 475.100
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.