Section 475.030

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 475

Effective - 28 Aug 1983   

  475.030.  Letters of guardianship and conservatorship issued, when. — 1.  Letters of guardianship of the person may be granted for any person adjudged incapacitated.  Letters of conservatorship of the estate may be granted for any person adjudged to be disabled.

  2.  Letters of conservatorship of the estate of a minor shall be granted for that part of the estate of the minor which is not derived from a living parent who is acting as natural guardian.

  3.  Letters of conservatorship for the entire estate of a minor may be granted in the following cases:

  (1)  Where the minor has no parent living; or

  (2)  Where there is a natural guardian of the minor and where the court finds that the best interests of the minor require letters of conservatorship for all of his estate.

  4.  Letters of guardianship of the person of a minor may be granted in the following cases:

  (1)  Where a minor has no parent living;

  (2)  Where the parents or the sole surviving parent of a minor are unwilling, unable or adjudged unfit to assume the duties of guardianship;

  (3)  Where the parents or the sole surviving parent have had their parental rights terminated under chapter 211.

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(RSMo 1939 §§ 375, 376, 378, 379, A.L. 1955 p. 385 § 287, A.L. 1957 p. 829, A.L. 1983 S.B. 44 & 45)

Prior revisions: 1929 §§ 375, 376, 378, 379; 1919 §§ 371, 372, 374, 375; 1909 §§ 403, 404, 406, 407

(1959) Where application for guardianship for person and estate of alleged incompetent individual held on felony warrant theretofore issued out of magistrate court was filed, the probate court had jurisdiction of the proceeding insofar as the estate was concerned (though not of the person) and should proceed to determine his competency. State ex rel. Standefer v. England (A.), 328 S.W.2d 732.