475.110. Removal of guardian or conservator — incapacitated or disabled person, continuation of guardianship after dissolution of marriage, when. — 1. When a minor ward has attained the age of fourteen years, the guardian of his or her person may be removed on petition of the ward to have another person appointed guardian if it is for the best interests of the ward that such other person be appointed. When the spouse of an incapacitated or disabled person is appointed his or her guardian or conservator, such spouse shall be removed as guardian or conservator upon dissolution of his or her marriage with the incapacitated or disabled person. A guardian or conservator may also be removed on the same grounds as is provided in section 473.140 for the removal of personal representatives.
2. Notwithstanding subsection 1 of this section, a spouse whose marriage to the ward was dissolved may petition the court to remain as or be reappointed guardian or conservator of the incapacitated or disabled person in accordance with section 475.115.
Notes of Decisions
Cited in
23
cases (
2 in the last 5 years), 1979–2025 · leading case:
Hanson v. Carroll, 527 S.W.3d 849 (Mo. 2017).
Hanson v. Carroll, 527 S.W.3d 849 (Mo. 2017).
· cites it 5× “Section 475.110, RSMo Supp. 2002, provides for removal of a guardian under certain circumstances.”
Reece v. Reece, 890 S.W.2d 706 (Mo. Ct. App. 1995).
· cites it 4× “” Rather than proceed under this section, however, the trial court utilized § 475.110, which addresses the general grounds for removal of a guardian or conservator.”
In Re Est. of Pittman, 16 S.W.3d 639 (Mo. Ct. App. 2000).
· cites it 4× “Gerald Pittman mistakenly argues that the only statutory ground for allowing a ward to request removal of a court-appointed guardian is § 475.110. 2 Section 475.110 also incorporates the grounds for removal of a personal representative listed in § 473.”
In re the Est. of Vester, 4 S.W.3d 575 (Mo. Ct. App. 1999).
· cites it 7× “In its order removing Kaiser as personal representative and conservator, the circuit court said, “Although the Motion for Removal was directed at Inez Kaiser in her capacity as ‘Personal Representative’ the Court is also treating the Motion as one for removal of her in her…”
In Re Est. of Schooler, 204 S.W.3d 338 (Mo. Ct. App. 2006).
· cites it 2× “140 is incorporated into chapter 475 by section 475.110, which states that "[a] guardian or conservator may also be removed on the same grounds as is provided in section 473.”
Trenton Trust Co. v. W. Sur. Co., 599 S.W.2d 481 (Mo. 1980).
“If, in accepting a deposit of fiduciary funds or paying a check drawn on a fiduciary account, the bank acts with actual knowledge that the fiduciary is thereby breaching its duties in any of these ways, or acts in bad faith, the bank is liable to the principal under the Uniform…”
Est. of Posey v. Bergin, 299 S.W.3d 6 (Mo. Ct. App. 2009).
· cites it 7× “” Rather, the court explained that its jurisdiction “is limited to making findings as set out in Sections 475.110 and 473.140, RSMo. [2000 1 ], for the removal of guardians upon an allegation that the guardian is not properly performing her guardianship responsibilities under…”
Parmer v. Michaels, 755 S.W.2d 5 (Mo. Ct. App. 1988).
· cites it 2× “Section 475.110 provides that “[wjhen the spouse of an incapacitated or disabled person is appointed his guardian or conservator, such spouse shall be removed as guardian or conservator upon dissolution of his marriage with the incapacitated or disabled person.”
Pulley Ex Rel. Pulley v. Sandgren, 197 S.W.3d 162 (Mo. Ct. App. 2006).
· cites it 2× “Section 475.110. The statutory grounds for removal include mental incapacity, felony or other infamous crime or conviction, habitual drunkenness, incapacity or unsuitability to execute the trust reposed, failure to discharge duties, waste or mismanagement, endangerment of…”
State Ex Rel. Paden v. Carrel, 597 S.W.2d 167 (Mo. Ct. App. 1979).
· cites it 2× ““It is therefore, ordered, adjudged and decreed by this court, pursuant to the provisions of Section 475.110 and 473.140 Vernon’s Annotated Missouri Statutes, that the said Kenneth E.”
Scott v. Lee, 758 S.W.2d 461 (Mo. Ct. App. 1988).
· cites it 2× “The removal of a guardian or conservator is governed by § 475.110, RSMo. (1986) which provides: When a minor has attained the age of fourteen years, the guardian of his person may be removed on petition of the ward to have another person appointed guardian if it is for the best…”
In Re Est. of Snider, 182 S.W.3d 734 (Mo. Ct. App. 2006).
· cites it 3× “§ 475.110; § 475.190.5; see also Oliva v.”
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