If a guardian or conservator is not doing their job well and a person needs help right away, a court can appoint a temporary helper called a guardian or conservator ad litem. This temporary helper can only serve for a limited time — usually until a full court hearing happens, or no more than six months. A court can also appoint this temporary helper if there is a possible conflict of interest between the person being protected and their guardian or conservator.
475.097. or — conflicts of interest, removal. — 1. If a natural or appointed or conservator is not effectively performing his duties and the court further finds that the welfare of the or or requires immediate , it may, with or without notice, appoint a for the minor or incapacitated or disabled person. An appointment of a guardian or conservator ad litem shall be by its terms limited in duration to the period preceding the on a for appointment or removal of a permanent guardian or conservator or for a specified period not to exceed six months. A guardian ad litem of the person is entitled to the care and of the , a is entitled to the care and custody of the property of the , and the of a permanent guardian or conservator previously appointed by the court is so long as a guardian or conservator ad litem has authority. A guardian or conservator ad litem may be at any time. A guardian or conservator ad litem shall make any report the court requires. The expenses and reasonable of a guardian or conservator ad litem may be . In other respects the of this code concerning guardians and apply to guardians and conservators ad litem.
2. In addition to the provisions of the relating to parties, if it is suggested in a petition filed by the protectee, or other , including a person interested in , or otherwise, or if it affirmatively appears to the court that there is a possible between the ward or protectee and his guardian or conservator, the court may appoint a guardian or conservator ad litem to represent the ward or protectee in any to the rights of the parties. The guardian or conservator ad litem shall have only such authority as is provided in the of appointment and shall serve until by the court.
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Source & history notes
(L. 1983 S.B. 44 & 45, A.L. 1986 S.B. 787) Effective 6-03-86 (1987) Order appointing an interested person a conservator ad litem pursuant to this section was not subject to interlocutory appeal. Cordes v. Caldwell, 731 S.W.2d 463 (Mo.App.E.D.).
Related Missouri laws
Conservator of the estate of nonresident minors and disabled persons
RSMo 475.095
Conservator, authorized exercise of powers
RSMo 475.094
Bond of conservator of estate of minor or disabled person
RSMo 475.100
Court may authorize participation in family trust
RSMo 475.093
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
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.