475.081. Persons having disappeared, absent from country, or forcibly detained, to be partially disabled, limited conservator appointed — procedure — termination, when. — 1. If a person has disappeared and cannot be located or has been forcibly detained either illegally or by a foreign government or is absent by reason of being physically located in a country other than the United States and is unable to return to the United States because of physical or mental condition, for a period of one month or more, and such disappearance, detention, or physical location makes it impossible for that person, or any person legally acting on his behalf, to manage his financial resources as defined in section 475.010, any person may file a petition in the probate division of the circuit court of proper venue for appointment of himself or some other qualified person as limited conservator for the disappeared, detained, or absent person. The court shall order a hearing in accordance with section 475.075, in which the alleged disappeared, detained, or absent person shall be deemed to be an alleged partially disabled person. If the court finds that the respondent has disappeared, is detained or is absent by reason of being physically located in a country other than the United States and is unable to return to the United States because of physical or mental condition as provided in this section, the court may grant letters of limited conservatorship, but the powers granted to the limited conservator and the powers of the court shall be limited to those powers necessary for the support and maintenance of persons legally dependent upon the respondent and to powers necessary to prevent loss to the estate of the respondent during his disappearance, detention, or absence. The estate shall be administered upon the presumption that the respondent is alive.
Terms Used In Missouri Laws 475.081
- 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
- Month: means a calendar month, and "year" means a calendar year unless otherwise expressed, and is equivalent to the words year of our Lord. See Missouri Laws 1.020
- Partially disabled person: one who is unable by reason of any physical, mental, or cognitive condition to receive and evaluate information or to communicate decisions to such an extent that such person lacks capacity to manage, in part, his or her 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
- Protectee: a person for whose estate a conservator or limited conservator has been appointed or with respect to whose estate a transaction has been authorized by the court under section Missouri Laws 475.010
- qualified person: a natural person, social service agency, corporation or national or state banking organization qualified to act as guardian of the person or conservator of the estate pursuant to the provisions of section Missouri Laws 475.010
- United States: includes such district and territories. See Missouri Laws 1.020
2. A conservator appointed pursuant to this section shall immediately notify the court if the protectee has been found, has been released or has been returned to the United States. Upon receiving knowledge of such facts from the conservator or from any other source, the court shall order the conservatorship terminated and require the conservator to file final settlement.
3. In addition to the provisions of sections 475.082 and 475.270, a conservator appointed pursuant to this section shall notify the court every three months of the continuing disappearance, detention, or absence of the protectee which notice shall include the then current address of the conservator and the addresses of all persons legally dependent upon the protectee.