475.030. Letters of guardianship and conservatorship issued, when. — 1. Letters of guardianship of the person may be granted for any person adjudged incapacitated. Letters of conservatorship of the estate may be granted for any person adjudged to be disabled.
2. Letters of conservatorship of the estate of a minor shall be granted for that part of the estate of the minor which is not derived from a living parent who is acting as natural guardian.
3. Letters of conservatorship for the entire estate of a minor may be granted in the following cases:
(1) Where the minor has no parent living; or
(2) Where there is a natural guardian of the minor and where the court finds that the best interests of the minor require letters of conservatorship for all of his estate.
4. Letters of guardianship of the person of a minor may be granted in the following cases:
(1) Where a minor has no parent living;
(2) Where the parents or the sole surviving parent of a minor are unwilling, unable or adjudged unfit to assume the duties of guardianship;
(3) Where the parents or the sole surviving parent have had their parental rights terminated under chapter 211.
Notes of Decisions
Cited in
33
cases (
2 in the last 5 years), 1958–2021 · leading case:
Cotton v. Wise, 977 S.W.2d 263 (Mo. 1998).
Cotton v. Wise, 977 S.W.2d 263 (Mo. 1998).
· cites it 11× “” Because the guardianship statute, section 475.030, RSMo 1994, is quite sufficient in the circumstances presented here to serve the interests of these children, we reverse and remand for the entry of an order complying with the statute.”
Warren v. Burkhart, 987 S.W.2d 830 (Mo. Ct. App. 1999).
· cites it 10× “045 gives the parent or parents of a minor first priority to be appointed guardian or conservator of the minor, except as provided for in § 475.030. Reading §§ 475.025, 475.030, and 475.”
Flathers v. Flathers, 948 S.W.2d 463 (Mo. Ct. App. 1997).
· cites it 2× “Section 475.030 governs the issuance of letters of guardianship as to a minor.”
In re L.M., 488 S.W.3d 210 (Mo. Ct. App. 2016).
· cites it 2× “1 provides that the parent or parents of a minor shall be appointed as guardians except where the parent or-parents are adjudged unfit *215 for those duties, waive their rights to be appointed, or when letters of guardianship and conservatorship are issued pursuant to section…”
Est. of L.G.T. v. N.R., 442 S.W.3d 96 (Mo. Ct. App. 2014).
· cites it 6× “Section 475.030 authorizes the granting of guardianship letters in three instances: (1) when a minor’s parents are deceased; (2) “[w]here the parents or the sole surviving parent of a minor are unwilling, unable, or adjudged unfit to assume the duties of guardianship,” or (3)…”
D.L.M. v. S.M.P., 953 S.W.2d 638 (Mo. Ct. App. 1997).
· cites it 3× “045, provides that parents of a minor have priority to be appointed guardian or conservator, except as provided in § 475.030. In § 475.030 the legislature authorizes appointment of someone other than a parent as guardian in certain instances.”
Reece v. Reece, 890 S.W.2d 706 (Mo. Ct. App. 1995).
· cites it 2× “As indicated previously, under § 475.030, letters of guardianship may issue for a minor child when the child has no parent living, has parents who are unwilling, unable or unfit to assume the duties of guardianship or has parents whose parental rights have been terminated.”
Preston v. State, 33 S.W.3d 574 (Mo. Ct. App. 2000).
· cites it 2× “On or about February 8, 1995, pursuant to § 475.030, the court entered its order granting letters of full guardianship of the appellant and letters of conservatorship of his estate to Holland.”
Todd v. Garrison, 417 F. Supp. 97 (E.D. Mo. 1976).
· cites it 3× “Section 475.030 provides in part 2. Letters of guardianship of the estate of a minor shall be granted for that part of the estate of the minor which is not derived from a living parent who is acting as a natural guardian.”
In the Interest of C.L. v. M.T., 335 S.W.3d 19 (Mo. Ct. App. 2011).
· cites it 5× “Relying on the Supreme Court’s decision in Cotton , this court found: Because the legislature has not authorized the probate division, under § 475.030, to grant custody based on a best interest of the child] analysis, but has limited the determination to that of a parent’s…”
State Ex Rel. Standefer v. England, 328 S.W.2d 732 (Mo. Ct. App. 1959).
· cites it 2× “Letters of guardianship may be issued for one or the other or for both (Section 475.030 et seq.), and provision is made for the appointment of separate guardians (475.”
K.R. v. A.L.S., 511 S.W.3d 408 (Mo. 2017).
· cites it 4× “Finally, the legislature has not hesitated to identify a different standard of proof in guardianship proceedings in other circumstances. Section 475.075.7 explicitly specifies that a clear and convincing evidence standard applies in guardianship proceedings involving incapacity,…”
— Mo. Rev. Stat. § 475.030(3)(2) — 1 case
Todd v. Garrison, 417 F. Supp. 97 (E.D. Mo. 1976).
“Section 475.030 provides in part 2. Letters of guardianship of the estate of a minor shall be granted for that part of the estate of the minor which is not derived from a living parent who is acting as a natural guardian.”
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