Any person indebted to a minor or disabled person or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a minor or disabled person may pay such debt or deliver such property or instrument to a conservator, curator, committee, guardian of the estate or other like fiduciary appointed by a court of the state of residence of the person, upon being presented with proof of his appointment and an affidavit made by him or on his behalf stating:

(1) That no application for appointment of a conservator or conservatorship proceeding relating to the person is pending in this state; and

Terms Used In Missouri Laws 475.335

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • 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

  • Fiduciary: A trustee, executor, or administrator.
  • 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.
  • 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
  • Property: includes real and personal property. See Missouri Laws 1.020
  • State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020

(2) That the foreign guardian, conservator, committee or curator is entitled to payment or to receive delivery.

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If the person to whom the affidavit is presented is not aware of any conservatorship proceeding pending in this state, payment or delivery in response to the demand and affidavit discharges the debtor or possessor.

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