Section 475.115

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 475

Effective - 28 Aug 2019, 2 histories   

  475.115.  Appointment of successor guardian or conservator — transfer of case, procedure. — 1.  When a guardian or conservator dies, is removed by order of the court, or resigns and his or her resignation is accepted by the court, the court shall have the same authority as it has in like cases over personal representatives and their sureties and may appoint another guardian or conservator in the same manner and subject to the same requirements as are herein provided for an original appointment of a guardian or conservator.

  2.  A public administrator may request transfer of any case to the jurisdiction of another county by filing a petition for transfer.  If the public administrator of the receiving county consents to the transfer, the court shall transfer the case.  The court with jurisdiction over the receiving county shall, without the necessity of any hearing as required by section 475.075, appoint the public administrator of the receiving county as successor guardian and/or successor conservator and issue letters therein.  In the case of a conservatorship, the final settlement of the public administrator's conservatorship shall be filed within thirty days of the court's transfer of the case, in the court with jurisdiction over the original conservatorship, and forwarded to the receiving county upon audit and approval.

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(RSMo 1939 § 496, A.L. 1955 p. 385 § 305, A.L. 1983 S.B. 44 & 45, A.L. 2011 H.B. 111 merged with H.B. 142 merged with S.B. 57 merged with S.B. 59, A.L. 2019 S.B. 230)

Prior revisions: 1929 § 497; 1919 § 493; 1909 § 523