Section 475.062

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 475

Effective - 28 Aug 1983, 2 histories, see footnote   (history) 

  475.062.  Action on petition for appointment of conservator. — 1.  When a petition for appointment of a conservator of the estate of an alleged disabled person is made by said person, or said person's consent to the appointment sought is endorsed on the petition or filed with it, the court, after appointment of counsel for the alleged disabled person, if satisfied, by interview with the alleged disabled person or otherwise, that the alleged disability does exist, that the disabled person wishes the appointment and has capacity to understand the need for it and make a reasonable choice of conservator and that the person nominated as conservator is suitable, qualified and has or will accept the appointment, may, without notice or hearing, appoint as conservator of the estate, the person, organization or corporation designated by the disabled person.  If it appears that the alleged disabled person is a codepositor or cotenant, the other codepositors and cotenants shall, in any event, be given notice before the court acts.

  2.  When a petition for appointment of a conservator of the estate of an alleged disabled person is not made or consented to by said alleged disabled person, the procedures as to notice, appointment of counsel, hearing and adjudication of disability as prescribed by section 475.075 shall be followed.

  3.  If the whereabouts of a person alleged to be disappeared or detained pursuant to section 475.081 is unknown or the place or nature of his confinement or detention prevents personal service, service shall be made on him by publication in accordance with the rules of civil procedure.

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(L. 1983 S.B. 44 & 45)