475.062.  Procedures for petition for appointment of conservator. — 1.  When a petition for appointment of a conservator of the estate of an alleged disabled person is not made or consented to by said alleged disabled person, the procedures as to notice, appointment of counsel, hearing and adjudication of disability as prescribed by section 475.075 shall be followed.

Terms Used In Missouri Laws 475.062

  • conservator: as used in this chapter , includes limited conservator unless otherwise specified or apparent from the context. See Missouri Laws 475.010
  • disabled person: one who is:

     (a)  Unable by reason of any physical, mental, or cognitive condition to receive and evaluate information or to communicate decisions to such an extent that the person lacks ability to manage the person's financial resources. See Missouri Laws 475.010

  • person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020

 2.  If a petition for appointment of a conservator is made by a person on account of that person’s alleged disability or is made by another on behalf of that person with that person’s consent endorsed on the petition or filed therewith, the court shall first appoint an attorney for that person.  The court-appointed attorney shall advise the respondent of the respondent’s rights and of the consequences of the appointment of the conservator.

 3.  If the court determines that the disability exists and the respondent desires the appointment, understands its purpose, and makes a reasonable choice of conservator, the court may, without notice or hearing, appoint the person, organization, or corporation designated by the respondent as conservator of the respondent’s estate, provided that the conservator is suitable and qualified and has accepted or will accept the appointment.

 4.  If it appears that the respondent is a co-depositor or co-tenant, the other co-depositors and co-tenants shall, in any event, be given notice before the court acts.

 5.  If the whereabouts of a person alleged to be disappeared or detained pursuant to section 475.081 is unknown or the place or nature of his confinement or detention prevents personal service, service shall be made on him by publication in accordance with the rules of civil procedure.