475.079. Order appointing guardian or conservator. — 1. If it appears to the court or if it is found by the jury or the court upon proof by clear and convincing evidence that the person for whom a guardian is sought is incapacitated as defined in this law and that the respondent's identified needs cannot be met by a less restrictive alternative, the court may appoint a guardian of the person.
2. If it is found that the person for whom a conservator of the estate is sought is a minor or is disabled as defined in section 475.010 by a disability other than or in addition to minority and that the respondent's identified needs cannot be met by a less restrictive alternative, the court may appoint a conservator of the estate, who may be the same person appointed guardian of the person.
3. The court shall not appoint the public administrator to serve as guardian, limited guardian, conservator, limited conservator, emergency guardian, emergency conservator, guardian ad litem, or conservator ad litem unless notice is first given to the public administrator as provided in subsection 3 of section 475.075 and the public administrator has an opportunity to participate in any hearing on such matter, including the right to cross examine witnesses and to offer witnesses and evidence. The public administrator may waive notice and the opportunity to participate.
Notes of Decisions
Cited in
6
cases (
2 in the last 5 years), 1995–2023 · leading case:
Matter of Nelson, 891 S.W.2d 181 (Mo. Ct. App. 1995).
Matter of Nelson, 891 S.W.2d 181 (Mo. Ct. App. 1995).
· cites it 5× “Section 475.079 RSMo 1986. The concept of disability has to do with ability to manage financial resources.”
Keyser v. Keyser, 81 S.W.3d 164 (Mo. Ct. App. 2002).
· cites it 2× “010, 1 and appointing the Jackson County Public Administrator the guardian of her person and conservator of her estate, in accordance with § 475.079. The judgment was rendered on the joint petition of the appellant’s brothers, respondents Dwaine H.”
In the Matter of: Duane R. Barnard, 484 S.W.3d 833 (Mo. Ct. App. 2016).
· cites it 2× “A conservator may be appointed to handle some or all of the financial affairs of an alleged disabled person, Section 475.079, Matter of Nelson, 891 S.”
Schmidt v. Benson, 124 S.W.3d 79 (Mo. Ct. App. 2004).
· cites it 2× “Benson (“Wanda”), pursuant to section 475.079, after determining that Wanda was disabled and incapacitated.”
In the Matter of: Timothy Lee Isreal (Mo. Ct. App. 2023).
· cites it 4× “the choice to live one’s life against the medical advice of a doctor is tantamount to incapacity and to communicate decisions to such an extent that the person, even with appropriate services and assistive technology, lacks capacity to manage the person’s essential requirements…”
Carlos Alberto Rivas & Tamara Lynn Rivas (Bankr. E.D. Mo. 2023).
· cites it 2× “” § 475.079, RSMo. For the following reasons, I conclude that it is sufficient for a representative, next friend, or guardian ad litem seeking to file a bankruptcy petition to demonstrate that the debtor is “disabled” under Missouri law.”
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