1. If it appears to the court or if it is found by the jury or the court upon proof by clear and convincing evidence that the person for whom a guardian is sought is incapacitated as defined in this law and that the respondent’s identified needs cannot be met by a less restrictive alternative, the court may appoint a guardian of the person.

2. If it is found that the person for whom a conservator of the estate is sought is a minor or is disabled as defined in section 475.010 by a disability other than or in addition to minority and that the respondent’s identified needs cannot be met by a less restrictive alternative, the court may appoint a conservator of the estate, who may be the same person appointed guardian of the person.

Terms Used In Missouri Laws 475.079

  • conservator: as used in this chapter , includes limited conservator unless otherwise specified or apparent from the context. See Missouri Laws 475.010
  • Conservator ad litem: one appointed by the court in which particular litigation is pending regarding the management of financial resources on behalf of a minor, a disabled person, or an unborn person in that particular proceeding or as otherwise specified in this chapter. See Missouri Laws 475.010
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: one appointed by a court to have the care and custody of the person of a minor or of an incapacitated person. See Missouri Laws 475.010
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian ad litem: one appointed by a court, in which particular litigation is pending on behalf of a minor, an incapacitated person, a disabled person, or an unborn person in that particular proceeding or as otherwise specified in this code. See Missouri Laws 475.010
  • Minor: any person who is under the age of eighteen years. 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

3. The court shall not appoint the public administrator to serve as guardian, limited guardian, conservator, limited conservator, emergency guardian, emergency conservator, guardian ad litem, or conservator ad litem unless notice is first given to the public administrator as provided in subsection 3 of section 475.075 and the public administrator has an opportunity to participate in any hearing on such matter, including the right to cross examine witnesses and to offer witnesses and evidence. The public administrator may waive notice and the opportunity to participate.

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