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RSMo 475.115effective 28 Aug 2019

Appointment of successor guardian or conservator

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In plain English

If a guardian or conservator dies, quits, or gets removed, the court picks a new one the same way it picked the first one. A public administrator can also ask to move a case to a different county. If the other county's public administrator agrees, the court moves the case and puts that person in charge. When a money-management case moves, the old administrator has 30 days to file a final report with the original court.

Word-for-word law

475.115. Appointment of or of case, procedure. — 1. When a or conservator dies, is by of the court, or resigns and his or her resignation is accepted by the court, the court shall have the same as it has in like cases over and their and may appoint another guardian or conservator in the same manner and subject to the same requirements as are herein provided for an original appointment of a guardian or conservator.

2. A may request transfer of any case to the of another county by a for transfer. If the public administrator of the receiving county consents to the transfer, the court shall transfer the case. The court with jurisdiction over the receiving county shall, without the necessity of any as required by section 475.075, appoint the public administrator of the receiving county as successor guardian and/or conservator and therein. In the case of a , the of the public administrator's conservatorship shall be filed within thirty days of the court's transfer of the case, in the court with jurisdiction over the original conservatorship, and forwarded to the receiving county upon and approval.

(RSMo 1939 § 496, A.L. 1955 p. 385 § 305, A.L. 1983 S.B. 44 & 45, A.L. 2011 H.B. 111 with H.B. 142 merged with S.B. 57 merged with S.B. 59, A.L. 2019 S.B. 230)

Prior revisions: 1929 § 497; 1919 § 493; 1909 § 523

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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.

RSMo 475.115: Appointment of successor guardian or conservator | KnowMo Laws