Actions against protectee, process, enforcement of judgments
When someone has a conservator (a court-appointed money manager), lawsuits involving that person's money or property must go through the conservator, not the person directly. A conservator can be sued both in their official role and personally in the same lawsuit if they did something wrong on their own. If a lawsuit was started before a conservator was appointed, the conservator can step in and take over the case. Also, a protectee's property cannot be seized through garnishment or attachment to pay off a judgment — instead, judgments get paid out the same way debts are paid from a deceased person's estate.
475.260. s against , , of s. — 1. When there is a , all actions between the protectee or the and third persons in which it is sought to charge or the of the protectee shall be by or against the conservator of the estate as such. He shall represent the interests of the protectee in the action and all process shall be on him.
2. When the conservator of the estate is under for his own contracts and acts made and performed on behalf of the estate he may be sued both as conservator and in his personal in the same action. or the bringing of an action by or against the protectee shall not be ground for dismissal of the action and leave to amend or substitute shall be freely granted. If an action was by or against the protectee before the appointment of a conservator of his estate, such conservator when appointed may be as a for the protectee. If the appointment of the conservator of the estate is terminated, his may be substituted; if the protectee dies, his may be substituted; if he becomes of age or his ceases, he may be substituted.
3. When there is a conservator of the estate, the property and rights of action of the protectee shall not be subject to or , and shall not to obtain of any judgment against the protectee or the conservator of his estate as such, but judgments against the estate of the protectee shall be enforced in the manner provided for the enforcement of judgments against the estates of decedents.
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Source & history notes
(L. 1955 p. 385 § 333, A.L. 1983 S.B. 44 & 45)
Related Missouri laws
Receipts and acknowledgments of conservators, effect
RSMo 475.255
Compensation of guardians and conservators
RSMo 475.265
Effect of conveyance
RSMo 475.250
Annual settlements required, when, exception
RSMo 475.270
Deeds by conservator or successor, acknowledgment, evidentiary effect
RSMo 475.245
Verification of securities held by conservator
RSMo 475.275
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.