§ 475.010 Definitions
§ 475.011 Preference for spiritual healing not evidence of incapacity
§ 475.015 Relationship of guardianship provisions to uniform veterans’ guardianship ..
§ 475.016 Persons adjudged incompetent prior to September 28, 1983 — review — effect ..
§ 475.020 Applicability of provisions of probate code to guardianship
§ 475.025 Rights of parents as natural guardians of minors
§ 475.030 Letters of guardianship and conservatorship issued, when
§ 475.035 Venue
§ 475.040 Change of venue
§ 475.045 Who may be appointed guardian of minor
§ 475.046 Standby guardian permitted, when — appointment procedure — authority ..
§ 475.050 Appointment of guardian or conservator of disabled or incapacitated persons ..
§ 475.055 Qualifications of guardians or conservators
§ 475.060 Application for guardianship — petition for guardianship requirements — ..
§ 475.061 Application for conservatorship — may combine with petition for guardian of ..
§ 475.062 Procedures for petition for appointment of conservator
§ 475.065 Single guardianship or conservatorship for two or more persons
§ 475.070 Notice of petition for appointment of guardian or conservator for a minor — ..
§ 475.075 Hearing on capacity or disability — notice — service — contents of ..
§ 475.077 Judgment of incapacity or disability set aside, when
§ 475.078 Effect of adjudication
§ 475.079 Order appointing guardian or conservator
§ 475.080 Appointment of limited guardian or conservator
§ 475.081 Persons having disappeared, absent from country, or forcibly detained, to ..
§ 475.082 Review of status of persons under guardianship or conservatorship — ..
§ 475.083 Termination of guardianship or conservatorship, when
§ 475.084 Visitation, parent may petition for, when
§ 475.085 Cost of proceedings as to disability or incapacity
§ 475.091 Court’s powers, estates or affairs of minors or disabled persons
§ 475.092 Protective arrangements and single transactions, court’s powers — ..
§ 475.093 Court may authorize participation in family trust
§ 475.094 Conservator, authorized exercise of powers
§ 475.095 Conservator of the estate of nonresident minors and disabled persons
§ 475.097 Conservator or guardian ad litem — conflicts of interest, removal
§ 475.100 Bond of conservator of estate of minor or disabled person
§ 475.105 Letters of guardianship or conservatorship — form
§ 475.110 Removal of guardian or conservator — incapacitated or disabled person, ..
§ 475.115 Appointment of successor guardian or conservator — transfer of case, procedure
§ 475.120 General powers and duties of guardian of the person — social service agency ..
§ 475.121 Admission to mental health or developmental disability facilities
§ 475.123 Medical and surgical procedures — consent — emergency
§ 475.125 Support and education of protectee and dependents
§ 475.130 General duties and powers of conservator of estate
§ 475.132 Individual liability of conservator
§ 475.134 Protection of persons dealing with conservator
§ 475.140 Notice of conservatorship of disabled persons
§ 475.145 Inventory and appraisement
§ 475.150 Appraisement not required, when
§ 475.155 Continuation of business
§ 475.160 Assets of protectee, action to obtain, procedure
§ 475.190 Investment of liquid assets of estate of protectee — reports
§ 475.200 Purposes for which property may be sold — petition, examination, order
§ 475.205 Claims against estate — procedure
§ 475.210 Filing of notice of pendency of action in other court against conservator, ..
§ 475.211 Claims against minors or protectees, classification
§ 475.213 Payment of claims according to priority
§ 475.230 Sales of real estate, how made — notice required
§ 475.235 Order of sale, contents
§ 475.240 Report and approval of sale
§ 475.245 Deeds by conservator or successor, acknowledgment, evidentiary effect — ..
§ 475.250 Effect of conveyance
§ 475.255 Receipts and acknowledgments of conservators, effect
§ 475.260 Actions against protectee, process, enforcement of judgments
§ 475.265 Compensation of guardians and conservators
§ 475.270 Annual settlements required, when, exception — information required
§ 475.275 Verification of securities held by conservator — pooled accounts, defined, ..
§ 475.276 Order waiving settlement, when
§ 475.280 Settlement and report dockets — notice to conservators and guardians
§ 475.290 Final settlement required, when — notice
§ 475.295 Death of conservator, personal representative to make settlement — waived when
§ 475.300 Order for payment to protectee of amount due
§ 475.305 Enforcement of order of payment
§ 475.310 Estate delivered by resident conservator to foreign guardian or ..
§ 475.315 Receipt by protectee, successor or others, discharge
§ 475.320 Death of protectee, distribution of estate — administration, when
§ 475.322 Use of multiple-party accounts and joint property
§ 475.325 Escheat of minor’s estate, when
§ 475.330 Conservatorship dispensed with, when
§ 475.335 Payment and delivery to foreign guardian or conservator
§ 475.336 Effect of filing letters of foreign guardian or curator
§ 475.337 Jurisdiction by act of foreign guardian or conservator
§ 475.338 Service on foreign guardian or conservator
§ 475.339 Nonresident domiciliary guardian or conservator
§ 475.340 Mortgage or sale of real estate of ward by nonresident conservator
§ 475.341 Voidable transactions, exceptions
§ 475.342 Estate property, conservator’s duties
§ 475.343 Personal financial resources, guardian not obligated to use — court order ..
§ 475.345 Transactions of protectees voidable, when
§ 475.350 Incapacitated public officer, proceedings
§ 475.355 Temporary emergency detention
§ 475.357 Child custody and visitation, probate courts to have jurisdiction, when
§ 475.361 Wards, rights of
§ 475.370 Exhaustion of estate
§ 475.380 Definitions
§ 475.385 Administrator as party in interest
§ 475.390 When guardian appointed
§ 475.395 Number of wards limited
§ 475.400 Petition for appointment of guardian
§ 475.405 Proof of necessity for appointment — minority
§ 475.410 Proof of necessity for appointment — incompetency
§ 475.415 Notice of petition for appointment
§ 475.420 Qualifications and bond of guardian
§ 475.425 Filing of accounts — notice of hearing
§ 475.430 Removal for failure to file accounts
§ 475.435 Compensation of guardian
§ 475.440 Investment of funds
§ 475.445 Application of funds
§ 475.450 Purchase of home for ward
§ 475.455 Discharge of guardian and release of sureties
§ 475.460 Commitment to Veterans Administration or other United States agency
§ 475.465 Construction and application
§ 475.470 Short title
§ 475.475 Other laws as applicable
§ 475.480 Application of provisions relating to surety bonds and administration of ..
§ 475.501 Short title
§ 475.502 Definitions
§ 475.503 International application of act
§ 475.504 Communication between courts
§ 475.505 Cooperation between courts
§ 475.506 Taking testimony in another state
§ 475.521 Definitions — significant connection factors
§ 475.522 Exclusive basis
§ 475.523 Jurisdiction
§ 475.524 Special jurisdiction
§ 475.525 Exclusive and continuing jurisdiction
§ 475.526 Appropriate forum
§ 475.527 Jurisdiction declined by reason of conduct
§ 475.528 Notice of proceeding
§ 475.529 Proceedings in more than one state
§ 475.531 Transfer of guardianship or conservatorship to another state
§ 475.532 Accepting guardianship or conservatorship transferred from another state
§ 475.541 Registration of guardianship orders
§ 475.542 Registration of protective orders
§ 475.543 Effect of registration
§ 475.544 State law applicability
§ 475.551 Uniformity of application and construction
§ 475.552 Relation to Electronic Signatures in Global and National Commerce Act
§ 475.555 Effective date
§ 475.600 Citation of law
§ 475.602 Delegation to attorney-in-fact, powers — revocation or withdrawal — ..
§ 475.604 Delegation form, contents

Terms Used In Missouri Laws > Chapter 475 - Probate Code -- Guardianship

  • Adult: a person who has reached the age of eighteen years. See Missouri Laws 475.010
  • 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.
  • Allegation: something that someone says happened.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Claims: liabilities of the protectee arising in contract, in tort or otherwise, before or after the appointment of a conservator, and liabilities of the estate which arise at or after the adjudication of disability or after the appointment of a conservator of the estate, including expenses of the adjudication and of administration. See Missouri Laws 475.010
  • 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
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Custodial parent: the parent of a minor who has been awarded sole or joint physical custody of such minor, or the parent of an incapacitated person who has been appointed as guardian of such person, by an order or judgment of a court of this state or of another state or territory of the United States, or if there is no such order or judgment, the parent with whom the minor or incapacitated person primarily resides. See Missouri Laws 475.010
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • 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

  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • 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.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • 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
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantor: The person who establishes a trust and places property into it.
  • 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
  • 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 chapter 475. See Missouri Laws 1.020
  • Habilitation: a process of treatment, training, care, or specialized attention that seeks to enhance and maximize the ability of a person with an intellectual disability or a developmental disability to cope with the environment and to live as determined by the person as much as possible, as is appropriate for the person considering his or her physical and mental condition and financial means. See Missouri Laws 475.010
  • hereafter: means the time after the statute containing it takes effect. See Missouri Laws 1.020
  • Heretofore: means any time previous to the day when the statute containing it takes effect. See 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
  • Incompetent: if used in a section in a context relating to actual occupational ability without reference to a court adjudication of incompetency, means the actual ability of a person to perform in that occupation. See Missouri Laws 1.020
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interested persons: spouses, children, parents, adult members of a ward's or protectee's family, creditors or any others having a property right or claim against the estate of a protectee being administered, trustees of a trust of which the ward or protectee is a beneficiary, agents of a durable power of attorney for a ward or protectee, and children of a protectee who may have a property right or claim against or an interest in the estate of a protectee. See Missouri Laws 475.010
  • Intestate: Dying without leaving a will.
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Least restrictive alternative: with respect to the guardianship order and the exercise of power by the guardian, a course of action or an alternative that allows the incapacitated person to live, learn, and work with minimum restrictions on the person, as are appropriate for the person considering his or her physical and mental condition and financial means. See Missouri Laws 475.010
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Minor: any person who is under the age of eighteen years. 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
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parent: the biological or adoptive mother or father of a child whose parental rights have not been terminated under chapter 211, including:

    (a) A person registered as the father of the child by reason of an unrevoked notice of intent to claim paternity under section 192. See Missouri Laws 475.010

  • 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
  • Partially 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 the extent that such person lacks capacity to meet, in part, essential requirements for food, clothing, shelter, safety, or other care without court-ordered assistance. See Missouri Laws 475.010
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action and evidences of debt. See Missouri Laws 1.020
  • Place of residence: means the place where the family of any person permanently resides in this state, and the place where any person having no family generally lodges. See Missouri Laws 1.020
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Property: includes real and personal property. See Missouri Laws 1.020
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • 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 475. See 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 475. See Missouri Laws 475.010
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Seriously ill: a significant likelihood that a person will become incapacitated or die within twelve months. See Missouri Laws 475.010
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Social service agency: a charitable organization organized and incorporated as a not-for-profit corporation under the laws of this state and which qualifies as an exempt organization within the meaning of Section 501(c)(3), or any successor provision thereto of the federal Internal Revenue Code. See Missouri Laws 475.010
  • 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 475. See Missouri Laws 475.010
  • 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
  • Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
  • Testate: To die leaving a will.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Treatment: the prevention, amelioration or cure of a person's physical and mental illnesses or incapacities. See Missouri Laws 475.010
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes such district and territories. See Missouri Laws 1.020
  • Venue: The geographical location in which a case is tried.
  • Ward: a minor or an incapacitated person for whom a guardian, limited guardian, or standby guardian has been appointed. See Missouri Laws 475.010