☰ Revisor of Missouri

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 475

Effective - 28 Aug 1994 bottom

  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.

  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.

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(L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al., A.L. 1994 S.B. 734)


---- end of effective   28 Aug 1994 ----

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