Mo. Rev. Stat. » Chapter 475
Missouri Revised Statutes

Mo. Rev. Stat. § 475.083 (2026)

Termination of guardianship or conservatorship, when

✓ current as of May 2026
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  475.083.  Termination of guardianship or conservatorship, when. — 1.  The authority of a guardian or conservator terminates:

  (1)  When a minor ward becomes eighteen years of age;

  (2)  Upon an adjudication that an incapacitated or disabled person has been restored to capacity or ability;

  (3)  Upon revocation of the letters of the guardian or conservator;

  (4)  Upon the acceptance by the court of the resignation of the guardian or conservator;

  (5)  Upon the death of the ward or protectee except that if there is no person other than the estate of the ward or protectee liable for the funeral and burial expenses of the ward or protectee the guardian or conservator may, with the approval of the court, contract for the funeral and burial of the deceased ward or protectee;

  (6)  Upon the expiration of an order appointing a guardian or conservator ad litem unless the court orders extension of the appointment;

  (7)  Upon an order of court terminating the guardianship or conservatorship.

  2.  A guardianship or conservatorship may be terminated by court order after such notice as the court may require:

  (1)  If the conservatorship estate is exhausted;

  (2)  If the conservatorship is no longer necessary for any other reason;

  (3)  If the court finds that a parent is fit, suitable and able to assume the duties of guardianship and it is in the best interest of the minor that the guardianship be terminated; or

  (4)  If the court determines that the guardian is unable to provide the services of a guardian due to the ward's absence from the state or other particular circumstances of the ward.

  3.  Notwithstanding the termination of the authority of a conservator, the conservator shall continue to have such authority as may be necessary to wind up administration.

  4.  At any time the guardian, conservator, or any person on behalf of the ward or protectee may, individually or jointly with the ward or protectee, or the ward or protectee individually may petition the court to restore the ward or protectee, to decrease the powers of the guardian or conservator, or to return rights to the ward or protectee; except that, if the court determines that the petition is frivolous, the court may summarily dismiss the petition without hearing.  The petition from the ward or protectee or on behalf of the ward or protectee may be an informal letter to the court.  Anyone who interferes with the transmission of the ward's or protectee's letter or petition may be cited by the court for contempt after notice and hearing.  If at any time the court, on its own motion, has reason to believe that the guardian's or conservator's powers should be increased or decreased or additional rights should be returned to the ward or protectee, the court shall set the matter for a hearing.

  5.  Upon the filing of a joint petition by the guardian or conservator and the ward or protectee, the court, if it finds restoration or modification to be in the best interests of the ward or protectee, may summarily order restoration or a decrease in powers of the guardian or conservator or return rights to the ward or protectee without the necessity of notice and hearing.

  6.  Upon the filing of a petition without the joinder of the guardian or conservator or if the court requires a hearing for a petition filed with the joinder of a guardian or conservator, the court shall cause the petition to be set for hearing with notice to the guardian or conservator and to such other persons as the court directs.  The hearing shall be conducted in accordance with the provisions of section 475.075.  If the ward or protectee is not represented by an attorney, the court shall appoint an attorney to represent the ward or protectee in such proceeding.  The burden of proof by a preponderance of the evidence shall be upon the petitioner.  Such a petition may not be filed more than once every one hundred eighty days.

  7.  At any time the guardian, limited guardian, conservator, or limited conservator may petition the court to increase the guardian's or conservator's powers or to remove rights from the ward or protectee.  Proceedings on the petition shall be in accordance with the provisions of section 475.075.

  8.  In deciding whether to terminate or modify a guardianship or conservatorship, the court may require a report by and consider the recommendations in the report of a physician, licensed psychologist, or other appropriate qualified professional who has experience or training in the alleged mental, physical, or cognitive impairment of the ward or protectee.

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(L. 1983 S.B. 44 & 45, A.L. 1992 H.B. 903, A.L. 2001 S.B. 348, A.L. 2018 S.B. 806)

Notes of Decisions
Cited in 21 cases (2 in the last 5 years), 1985–2024 · leading case: Bailey v. Schnieders, 178 S.W.3d 632 (Mo. Ct. App. 2005).
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Bailey v. Schnieders, 178 S.W.3d 632 (Mo. Ct. App. 2005). · cites it 6× “Before section 475.083 was amended in 2001, the probate court was not directed to consider a minor’s best interest in deciding whether to terminate a guardianship.”
In Re the Est. of Werner, 133 S.W.3d 108 (Mo. Ct. App. 2004). · cites it 3× “Werner’s contention that she has been restored to her capacity raises multiple grounds under which termination of her guardianship would have been appropriate, including § 475.”
Reece v. Reece, 890 S.W.2d 706 (Mo. Ct. App. 1995). · cites it 2× “See § 475.083, RSMo Cum. Supp.1993. Bob could not have waived venue in the current case, because earlier guardianship and conservatorship proceedings had already been commenced in Cooper County.”
Burch v. Ross, 404 S.W.3d 389 (Mo. Ct. App. 2013). · cites it 2× “Section 475.083 3 governs the termination of a minor guardianship before emancipation.”
Rash v. Wilson, 393 S.W.3d 105 (Mo. Ct. App. 2013). · cites it 2× “In Schnieders , we held that the legislature’s 2001 amendment to Section 475.083 required the court to consider whether termination of a guardianship is in the minor's best interest before terminating a guardianship on the basis that the parent is no longer unfit.”
In the Interest of C.L. v. M.T., 335 S.W.3d 19 (Mo. Ct. App. 2011). · cites it 4× “2005), this court recognized that, prior to 2001 the probate court was not directed to consider a minor's best interest in deciding whether to terminate a guardianship, but that in 2001 section 475.083 was amended and now says that a guardianship may be terminated " '[i]f the…”
Schleifer ex rel. Schleifer v. Shuler, 699 S.W.2d 794 (Mo. Ct. App. 1985). · cites it 2× “-285, RSMo 1959 (repealed 1983), with § 475.083, RSMo Supp.1984. The dismissal was void and there is no final, appealable judgment from which to appeal.”
Williams v. Missouri S. State Coll. (In Re Williams), 233 B.R. 423 (Bankr. W.D. Mo. 1999). “§ 475.083, RSMO. In either case, the Debtors will likely experience a decrease of at least $166.”
In Re Smith, 351 S.W.3d 25 (Mo. Ct. App. 2011). “§ 475.083. Lang does not dispute *27 this, but claims her complaints are "jurisdictional" and, thus, not mooted by Smith's death.”
Est. of Posey v. Bergin, 299 S.W.3d 6 (Mo. Ct. App. 2009). · cites it 2× “Although the evidence strongly suggests Father, as a result of his enforced sobriety, has regained significant cognitive ability that was impaired by his alcohol abuse, we disagree that Father has established the necessary prerequisites that he has been restored to his capacity…”
Warren v. Burkhart, 987 S.W.2d 830 (Mo. Ct. App. 1999). “Termination of a guardianship is authorized by § 475.083. This section sets forth seven situations in which the authority of the guardian terminates.”
Ayers v. Tracy, 984 S.W.2d 193 (Mo. Ct. App. 1998). · cites it 2× “Section 475.083 provides, in part: 1. The authority of a .”
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