475.105.  Letters of guardianship or conservatorship — form. — 1.  When a duly appointed guardian or conservator has given bond, as required by law, and the bond has been approved, letters under the seal of the court shall be issued to the person appointed.  Such letters shall specify whether they are of guardianship, limited guardianship, or standby guardianship of the person, or conservatorship or limited conservatorship of the estate, or both, and the original or duly certified copies thereof shall be prima facie evidence of the facts therein stated.

Terms Used In Missouri Laws 475.105

  • 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

  • following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
  • 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
  • Guardianship: if used in a section in a context relating to rights and obligations other than property rights or obligations, means guardian of the person as defined in Missouri Laws 1.020
  • Incapacitated 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 the person, even with appropriate services and assistive technology, lacks capacity to manage the person's essential requirements for food, clothing, shelter, safety or other care such that serious physical injury, illness, or disease is likely to occur. 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
  • Standby guardian: one who is authorized to have the temporary care and custody of the person of a minor or of an incapacitated person under the provisions of section Missouri Laws 475.010

 2.  Letters of guardianship and conservatorship for minors may be in the following form:

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IN THE PROBATE DIVISION OF THE
CIRCUIT COURT OF ______ COUNTY, MISSOURI
LETTERS OF (STANDBY) GUARDIANSHIP
(AND CONSERVATORSHIP) OF MINOR
Estate No. ______
On ______ was appointed and has qualified as (standby) guardian of the person (and conservator of the estate) for the following minor(s):
______ Born ______, 20______
______ Born ______, 20______
______ Born ______, 20______
______ Born ______, 20______
By reason thereof, the above-named (standby) guardian (and conservator) is authorized and empowered to perform the duties of such (standby) guardian (and conservator) as provided by law under the supervision of the court having care and custody of the person (and of the estate) of the above-named minor(s).
IN TESTIMONY WHEREOF, the undersigned Clerk has signed these letters and affixed the seal of this court on ______
__________________
Clerk
Recorded on ______ in Book ______ at Page ______
__________________
Clerk

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 3.  Letters of guardianship and conservatorship for incapacitated and disabled persons may be in the following form:

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IN THE PROBATE DIVISION OF THE
CIRCUIT COURT OF ______ COUNTY, MISSOURI
LETTERS OF (STANDBY) GUARDIANSHIP OF INCAPACITATED PERSON
(AND CONSERVATORSHIP OF DISABLED PERSON)
Estate No. ______
On ______, ______ was appointed and has qualified as (standby) guardian of the person (and conservator of the estate) for ______, an incapacitated (and disabled) person.
By reason thereof, the above-named (standby) guardian (and conservator) is authorized and empowered to perform the duties of such (standby) guardian (and conservator) as provided by law under the supervision of the court having care and custody of the person (and estate) of the above-named incapacitated (and disabled) person.
IN TESTIMONY WHEREOF, the undersigned Clerk has signed these letters and affixed the seal of this court on ______, 20______
__________________
Clerk

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