472.170. Appeals from orders as to mental condition — procedure — operates as supersedeas, when — appointment of guardian — review. — 1. Appeals shall be allowed from the probate division of the circuit court to the appropriate appellate court in any case in which a final adjudication in an investigation of the mental condition of any person alleged to be disabled, incapacitated, or mentally ill has been made. The appeal may be made by the petitioner who applied for such adjudication, or by the person alleged to be disabled, incapacitated, or mentally ill, or by any relative of such person, or by any reputable citizen of the county in which the hearing occurred, or by an attorney for any of the foregoing persons. Such an appeal shall not operate as a supersedeas pending the determination of such appeal of any such adjudication or any order or judgment of the probate division based upon such adjudication except to the extent it is specifically provided by the probate division in an order entered at the time of or after the notice of appeal has been filed. The probate division shall in such order allow supersedeas of any order or judgment of commitment or confinement of such person unless it is found that such person by reason of his mental condition is so far disordered in his mind as to endanger his own person or the person or property of others; and the probate division may, in its discretion, allow supersedeas of such adjudication and other orders and judgments of the probate division based thereon, in whole or in part.
2. If the probate division of the circuit court finds that the alleged disabled person is incapable of managing his affairs and refuses to allow supersedeas, the probate division of the circuit court may appoint a guardian ad litem to collect, protect, and preserve the alleged disabled person's assets and, on order of the circuit court, disburse funds for the necessary support and maintenance of the alleged disabled person and those members of his family who are dependent upon him. The appointment of the guardian ad litem as well as the decision of the probate division of the circuit court as to supersedeas may be reviewed by the appellate court on motion by an interested party at any time after the notice of appeal has been filed.
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 1980–2025 · leading case:
Matter of Weissinger, 720 S.W.2d 430 (Mo. Ct. App. 1986).
Matter of Weissinger, 720 S.W.2d 430 (Mo. Ct. App. 1986).
· cites it 4× “Since the order here did not operate as a supersedeas, and Mr.”
In Re the Est. of Whittaker, 261 S.W.3d 615 (Mo. Ct. App. 2008).
· cites it 2× “2d at 151 (holding later in the opinion this Court derived jurisdiction from Section 472.170 when second cousin challenged probate court’s ruling ward was partially incapacitated).”
Est. of Clark v. Finney, 610 S.W.2d 367 (Mo. Ct. App. 1980).
· cites it 6× “Section 472.170, RSMo 1978 treats of appeals from orders adjudicating persons to be incompetent or mentally ill and authorizes appeals of final adjudication orders to the appropriate appellate court.”
Couch v. Couch, 824 S.W.2d 65 (Mo. Ct. App. 1991).
· cites it 2× “In § 472.170, an appeal may be taken by a petitioner for adjudication, the person alleged to be disabled or a relative, any reputable citizen in the county of hearing, or attorneys for all those described persons.”
Moore v. Fry, 800 S.W.2d 142 (Mo. Ct. App. 1990).
· cites it 2× ““Because finality of judgment and entitlement to appeal are interrelated, the rules of civil procedure, of necessity, determine when the judgment adjudicating a person incompetent or mentally ill becomes final and subject to appeal under § 472.170, RSMo 1978.” Estate of Clark v.”
In Re Forbeck, 310 S.W.3d 740 (Mo. Ct. App. 2010).
· cites it 4× “Section 472.170 allows appeals from the probate division in any case in which a final adjudication in an investigation of the mental condition of any person alleged to be disabled, incapacitated, or mentally ill has been made.”
In re Korman, 913 S.W.2d 416 (Mo. Ct. App. 1996).
“In § 472.170, an appeal may be taken by a petitioner for adjudication, the person alleged to be disabled or a relative, any reputable citizen in the county of hearing, or attorneys for all those described persons.”
In the Matter of Queen Johnson Doze; DeAndre Doze v. Mariah Doze (Mo. Ct. App. 2025).
· cites it 10× “170, appeals are allowed from the circuit court’s final adjudication in an investigation of the mental condition of any person alleged to be disabled, incapacitated, or mentally ill, and may be brought by the petitioner who applied for the adjudication. Two of Mariah’s points…”
Attorney Gen. v. Salcedo, 34 S.W.3d 862 (Mo. Ct. App. 2001).
· cites it 2× “The other statute that, according to the AG, authorizes the instant appeal is § 472.170, RSMo 1994. It reads, in pertinent part: “1.”
In Re Salcedo, 34 S.W.3d 862 (Mo. Ct. App. 2001).
· cites it 2× “The other statute that, according to the AG, authorizes the instant appeal is § 472.170, RSMo 1994. It reads, in pertinent part: "1.”
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