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RSMo 475.125effective 28 Aug 2018

Support and education of protectee and dependents

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In plain English

A court can order money from a protected person's estate to be used to take care of that person and their family. The court looks at things like how the family lived before, what money is in the estate, and what expenses exist. The court can also make sure other people or agencies who are supposed to help pay for the protected person's care actually do so.

Word-for-word law

475.125. Support and education of and . — 1. The court may make s for the management of the of the protectee for the care, education, treatment, , , support and of the protectee and for the support and maintenance of the protectee's family and education of the protectee's spouse and children, according to the protectee's means and , if any, out of the of the protectee's estate, and may direct that payments for such purposes shall be made weekly, monthly, quarterly, semiannually or annually. The payments ordered under this section may be decreased or increased from time to time as ordered by the court.

2. In setting the amount of the support for the protectee or any other persons entitled to such support, the court shall consider the previous standard of living of the spouse or other family members, the composition of the estate, the income and other available to the protectee and the other persons, and the expenses of the protectee or the other persons entitled to support.

3. for any such purposes, and shall be paid from the property or income of the estate. The court may authorize the to borrow money and obligate the estate for the payment thereof if the court finds that funds of the estate for the payment of such obligation be available within a reasonable time and that the loan is necessary. If payments are made to another under the order of the court, the is not bound to see to the thereof.

4. In acting under this section the court shall take into account any duty imposed by law or contract upon a parent or spouse of the protectee, a government agency, a , or other person or , to make payments for the of or provide support, education, care, treatment, habilitation, respite, maintenance or safekeeping of the protectee and the protectee's dependents. The and the conservator of the estate shall endeavor to any such duty.

(RSMo 1939 §§ 402, 474, A.L. 1955 p. 385 § 307, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 2016 H.B. 1765, A.L. 2018 S.B. 806)

Prior revisions: 1929 §§ 402, 475; 1919 §§ 398, 472; 1909 §§ 430, 502

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

RSMo 475.125: Support and education of protectee and dependents | KnowMo Laws