475.085. Cost of proceedings as to disability or incapacity. — 1. The costs of proceedings as to incapacity or disability of any person shall be paid from his estate if he is found incapacitated or disabled or, if his estate is insufficient, costs shall be paid by the county; but if the person is found not to be incapacitated or disabled the costs shall be paid by the person filing the petition, unless he is a public employee acting in his official capacity, in which case the costs shall be paid by the county.
2. The court shall accept and act upon a petition as to an indigent respondent without requiring a filing fee. The costs of the proceeding shall be taxed after the court rules on the petition.
Notes of Decisions
Cited in
4
cases, 1987–2018 · leading case:
In re Gurgel, 543 S.W.3d 135 (Mo. Ct. App. 2018).
In re Gurgel, 543 S.W.3d 135 (Mo. Ct. App. 2018).
· cites it 15× “Faust's attorney fees would be ordered paid by June Anteski, (the person filing the petition, pursuant to Section 475.085 RSMo)[.] The Court reviewed the Invoice submitted by Atty.”
Est. of Chevalier, 996 S.W.2d 156 (Mo. Ct. App. 1999).
· cites it 14× “” 1 Appellants filed a motion to amend the judgment alleging that the costs had been taxed against them; that by reason of Section 475.085, 2 the costs are to be paid *158 by the estate, or if it is insufficient, by the county; that costs are to only be assessed against the…”
Dothage v. Dothage, 727 S.W.2d 925 (Mo. Ct. App. 1987).
“The only statute conceivably applicable here was § 475.085,-RSMo.Cum.Supp.1984, which provided that the costs of proceedings as to incapacity or disability of any person are to be paid from his estate, or by the county, or by the person filing a petition for guardianship if the…”
Patrick v. Missouri Dep't of Health & Senior Servs., 211 S.W.3d 193 (Mo. Ct. App. 2007).
· cites it 3× “The trial court found that section 475.085 2 did not require the costs to be assessed against Howard County because the Department dismissed the petition before an adjudication of Mr.”
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