A conservator is a person the court appoints to manage money and property for someone who cannot manage it themselves (called a protectee). This law says the conservator can sell, mortgage, lease, or trade the protectee's property if a court approves it — for things like the protectee's care, medical treatment, support, or to pay debts. To get court approval, the conservator files a written request explaining the situation, and if the court decides it is in the protectee's best interest, the court gives the order. If the conservator does not ask, a creditor or other interested person can file the same kind of request, but must give the conservator 20 days' notice first.
475.200. Purposes for which property may be sold — , examination, . — 1. The of the , or any part thereof or any interest therein, may be sold, d, pledged, d or exchanged by the upon such terms as the court may order for the purpose of providing for his care, education, treatment, , support and of the protectee or for the care and maintenance of his family or education of his children, and for the payment of the protectee's debts, the payment of expenses and of , for investment of the , or in any other case where it is for the best interests of the protectee.
2. To obtain an order to sell, mortgage, lease or exchange real or personal property, the shall present to the court a petition setting forth the condition of the and the facts and circumstances on which the petition is founded. If, after a full examination of the petition and the of and , if such testimony is necessary, it appears to the court that it is for the best interests of the protectee, an order may be made for any of the purposes under 1 hereof as the court considers suited to the case.
3. If the conservator does not make such , a or other person interested in the estate may file a like petition, giving twenty days' notice to the conservator. On the of the petition the court may order the conservator to furnish such and records as the court deems necessary.
4. If, upon , it appears that the money on hand and anticipated income of the estate is not sufficient for the payment of the costs of the care, education, treatment, habilitation, support and maintenance of the protectee as required by section 475.120, for the maintenance of his family and education of his children under section 475.125, or the payment of , the court may require a to determine if real or personal property of the estate should be sold, mortgaged, pledged, leased or exchanged for that purpose. Upon hearing the matter, the court shall proceed as in the case of a petition filed under either of the preceding subsections.
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Source & history notes
(L. 1955 p. 385 § 321, A.L. 1957 p. 829, A.L. 1983 S.B. 44 & 45) Prior revisions: 1929 §§ 410, 411, 481; 1919 §§ 406, 407, 477; 1909 §§ 436, 437, 507
Related Missouri laws
Claims against estate
RSMo 475.205
Investment of liquid assets of estate of protectee
RSMo 475.190
Filing of notice of pendency of action in other court against conservator, effect
RSMo 475.210
Claims against minors or protectees, classification
RSMo 475.211
Payment of claims according to priority
RSMo 475.213
Sales of real estate, how made
RSMo 475.230
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.