☰ Revisor of Missouri

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 475

Effective - 28 Aug 2018 bottom

  475.361.  Wards, rights of. — 1.  The provisions of section 475.078 notwithstanding to the contrary, in every guardianship, the ward has the right to:

  (1)  A guardian who acts in the best interests of the ward;

  (2)  A guardian who is reasonably accessible to the ward;

  (3)  Communicate freely and privately with family, friends, and other persons other than the guardian; except that, such right may be limited by the guardian for good cause but only as necessary to ensure the ward's condition, safety, habilitation, or sound therapeutic treatment;

  (4)  Individually or through the ward's representative or legal counsel, bring an action relating to the guardianship, including the right to file a petition alleging that the ward is being unjustly denied a right or privilege granted by this chapter, including the right to bring an action to modify or terminate the guardianship under the provisions of section 475.083;

  (5)  The least restrictive form of guardianship assistance, taking into consideration the ward's functional limitations, personal needs, and preferences;

  (6)  Be restored to capacity at the earliest possible time;

  (7)  Receive information from the court that describes the ward's rights, including rights the ward may seek by petitioning the court; and

  (8)  Participate in any health care decision-making process.

  2.  An adult ward may petition the court to grant the ward the right to:

  (1)  Contract to marry or to petition for dissolution of marriage;

  (2)  Make, modify, or terminate other contracts or ratify contracts made by the ward;

  (3)  Consent to medical treatment;

  (4)  Establish a residence or dwelling place;

  (5)  Change domicile;

  (6)  Bring or defend any action at law or equity, except an action relating to the guardianship; or

  (7)  Drive a motor vehicle if the ward can pass the required driving test.

  3.  The appointment of a guardian shall revoke the powers of an agent who was previously appointed by the ward to act as an agent under a durable power of attorney for health care, unless the court so orders.

  4.  The appointment of a guardian is not a determination that the ward lacks testamentary capacity.

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(L. 2018 S.B. 806)


---- end of effective   28 Aug 2018 ----

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