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RSMo 475.523effective 28 Aug 2011

Jurisdiction

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In plain English

A Missouri court has the power to name a guardian or make protective decisions for a person (called the respondent) in certain situations. Missouri must either be where the person mainly lives, have a strong connection to the person with no other state handling the case, be chosen because all other connected states stepped aside, or meet special rules found in another section of the law.

Word-for-word law

475.523. . — A court of this state has jurisdiction to appoint a or a for a if:

(1) This state is the respondent's ;

(2) On the date a is filed, this state is a and:

(a) The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more ; or

(b) The respondent has a home state, a petition for an appointment or is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:

a. A petition for an appointment or order is not filed in the respondent's home state;

b. An objection to the court's jurisdiction is not filed by a person required to be notified of the ; and

c. The court in this state concludes that it is an appropriate forum under the factors set forth in section 475.526;

(3) This state does not have jurisdiction under either (1) or (2) of this section, the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or

(4) The requirements for under section 475.524 are met.

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Source & history notes

(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)

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Related Missouri laws

See all Guardianship laws

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

RSMo 475.523: Jurisdiction | KnowMo Laws