Missouri Revised Statutes

Mo. Rev. Stat. § 475.094 (2026)

Conservator, authorized exercise of powers

✓ current as of May 2026

Find cases: SyfertCases citing this section MO-REVrevisor.mo.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

475.094. Conservator, authorized exercise of powers. — 1. After notice to interested persons and upon express authorization of the court, a conservator may:

(1) Make gifts that the protectee might have been expected to make including, but not limited to, gifts to qualify for government benefits or to reduce federal estate taxes;

(2) Convey, release, or disclaim contingent and expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entireties;

(3) Exercise or release a power of appointment;

(4) Create a revocable or irrevocable trust of property of the estate, whether the trust extends beyond the duration of the conservatorship, or revoke or amend a trust revocable by the protected person;

(5) Exercise rights to elect options and change beneficiaries under insurance policies and annuities or surrender the policies and annuities for cash value;

(6) Exercise any right to an elective share in the estate of the protectee's deceased spouse and to renounce or disclaim any interest by testate or intestate succession or by transfer during lifetime.

2. The court, in exercising or in approving a conservator's exercise of the powers listed under subsection 1 of this section, shall consider primarily the decision that the protectee would have made, to the extent that the decision can be ascertained. The court shall also consider:

(1) The financial needs of the protectee and the needs of individuals who are in fact dependent on the protectee for support and the interest of creditors;

(2) Possible reduction of income, estate, inheritance, or other tax liabilities;

(3) Eligibility for government assistance;

(4) The protectee's previous pattern of giving or level of support;

(5) The existing estate plan;

(6) The protectee's life expectancy and the probability that the conservatorship will terminate before the protectee's death; and

(7) Any other factors the court considers relevant.

3. Without authorization of the court, a conservator shall not revoke or amend a durable power of attorney of which the protectee is the principal.

--------

(L. 1983 S.B. 44 & 45, A.L. 2018 S.B. 806)

Notes of Decisions

Cited in 2 cases, 1998–2005 · leading case: Thiel v. Miller, 164 S.W.3d 76 (Mo. Ct. App. 2005).

Sort: Relevance Newest Treatment

Thiel v. Miller, 164 S.W.3d 76 (Mo. Ct. App. 2005). · cites it 28× “ejected the appellants’ claim that HM was negligent for failing to open a conservatorship estate for Clara so that the assets that she owned with Donald could be divided to avoid paying estate taxes, stating: There is no authority available to a conservator to change a…”

In re the Est. of Berry, 972 S.W.2d 324 (Mo. Ct. App. 1998). · cites it 6× “The probate judge, in his judgment denying the application, pointed out that the net result would nevertheless be a reduction in the ward’s assets and in the property presumptively available for distribution. He also found that, if no action were taken, the estate would not be…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.