Accepting guardianship or conservatorship transferred from another state
When someone already has a guardian or conservator in another state and wants to move that legal arrangement to Missouri, the guardian or conservator files paperwork with a Missouri court asking it to take over. The court sends out notices, may hold a hearing, and will approve the transfer unless someone objects and shows it would hurt the person being protected, or the guardian is not allowed to serve in Missouri. Once Missouri gets the final approval from the other state, it issues its own final order and within 90 days checks if anything needs to be changed to follow Missouri law.
475.532. Accepting or red from another state. — 1. To confirm transfer of a guardianship or conservatorship transferred to this state under similar to those in section 475.531, the or shall the court in this state to accept the guardianship or conservatorship. The petition shall include a of the other state's of transfer.
2. Notice of a petition under 1 of this section shall be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or of a in both the transferring state and this state. The notice shall be given in the same manner as notice is required to be given in this state.
3. On the court's own or on request of the guardian or conservator, the or , or other person required to be notified of the , the court shall hold a on a petition filed subsection 1 of this section.
4. The court shall an provisionally granting a petition filed under subsection 1 of this section unless:
(1) An objection is made and the establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person; or
(2) The guardian or conservator is for appointment in this state.
5. The court shall issue a accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to section 475.531 transferring the proceeding to this state.
6. Not later than ninety days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be to to the law of this state.
7. In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the of the incapacitated or protected person's and the appointment of the guardian or conservator.
8. The by a court of this state of a petition to accept guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under this chapter if the court has to make an appointment other than by reason of the provisional order of transfer.
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Source & history notes
(L. 2011 H.B. 111 merged with S.B. 59 merged with S.B. 213)
Related Missouri laws
Transfer of guardianship or conservatorship to another state
RSMo 475.531
Proceedings in more than one state
RSMo 475.529
Notice of proceeding
RSMo 475.528
Jurisdiction declined by reason of conduct
RSMo 475.527
Appropriate forum
RSMo 475.526
Exclusive and continuing jurisdiction
RSMo 475.525
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.