Section 475.125

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 475

Effective - 28 Aug 2018, 3 histories   

  475.125.  Support and education of protectee and dependents. — 1.  The court may make orders for the management of the estate of the protectee for the care, education, treatment, habilitation, respite, support and maintenance of the protectee and for the support and maintenance of the protectee's family and education of the protectee's spouse and children, according to the protectee's means and obligation, if any, out of the proceeds of the protectee's estate, and may direct that payments for such purposes shall be made weekly, monthly, quarterly, semiannually or annually.  The payments ordered under this section may be decreased or increased from time to time as ordered by the court.

  2.  In setting the amount of the support allowance for the protectee or any other persons entitled to such support, the court shall consider the previous standard of living of the spouse or other family members, the composition of the estate, the income and other assets available to the protectee and the other persons, and the expenses of the protectee or the other persons entitled to support.

  3.  Appropriations for any such purposes, expenses of administration and allowed claims shall be paid from the property or income of the estate.  The court may authorize the conservator to borrow money and obligate the estate for the payment thereof if the court finds that funds of the estate for the payment of such obligation will be available within a reasonable time and that the loan is necessary.  If payments are made to another under the order of the court, the conservator of the estate is not bound to see to the application thereof.

  4.  In acting under this section the court shall take into account any duty imposed by law or contract upon a parent or spouse of the protectee, a government agency, a trustee, or other person or corporation, to make payments for the benefit of or provide support, education, care, treatment, habilitation, respite, maintenance or safekeeping of the protectee and the protectee's dependents.  The guardian of the person and the conservator of the estate shall endeavor to enforce any such duty.

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(RSMo 1939 §§ 402, 474, A.L. 1955 p. 385 § 307, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 2016 H.B. 1765, A.L. 2018 S.B. 806)

Prior revisions: 1929 §§ 402, 475; 1919 §§ 398, 472; 1909 §§ 430, 502