Section 475.082

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 475

Effective - 28 Aug 1985, 2 histories, see footnote   (history) 

  475.082.  Review of status of persons under guardianship or conservatorship — required report, content. — 1.  At least annually, the court shall inquire into the status of every ward and protectee under its jurisdiction for the purpose of determining whether the incapacity or disability may have ceased and to insure that the guardian or conservator is discharging his responsibilities and duties in accordance with this chapter.

  2.  In order to implement the court review prescribed by this section, the guardian or limited guardian shall file annually on the anniversary date of his letters, a report concerning the personal status of the ward.  Such report may be combined with the settlement of accounts if the guardian is also conservator of the estate of the ward.  The report shall be in the form prescribed by the court and shall include the following information:

  (1)  The present address of the ward;

  (2)  The present address of the guardian;

  (3)  The number of times the guardian has had contact with the ward, and the nature of such contacts including the date the ward was last seen by the guardian;

  (4)  If the ward is institutionalized, whether the guardian has received a copy of the treatment or habilitation plan and whether the guardian agrees with its provision;

  (5)  The date the ward was last seen by a physician and the purpose;

  (6)  Any major changes in the physical or mental condition of the ward observed by the guardian;

  (7)  The opinion of the guardian as to the need for the continuation of the guardianship and whether it is necessary to increase or decrease the powers of the guardian;

  (8)  The opinion of the guardian as to the adequacy of the present care of the ward.

  3.  The court may as part of its review, in its discretion, order the performance of a mental status evaluation of an incapacitated ward and may require any hospital, physician, or custodial facility to submit copies of their records relating to the treatment, habilitation or care of the ward.

  4.  If there is an indication that the incapacity or disability of the ward or protectee has ceased, the court shall appoint an attorney to file on behalf of the ward or protectee a petition for termination of the guardianship or conservatorship or for restoration.

  5.  If it appears to the court as part of its review or at any time upon motion of any interested person, including the ward or protectee or some person on his behalf, that the guardian or conservator is not discharging his responsibilities and duties as required by this chapter or has not acted in the best interests of his ward or protectee, the court may order that a hearing be held and direct that the guardian or conservator appear before the court.  In the event that such a hearing is ordered and the ward or protectee is not represented by an attorney, the court shall appoint an attorney to represent the ward or protectee in the proceedings.  At the conclusion of the hearing, if the court finds that the guardian or conservator is not discharging his duties and responsibilities as required by this code, or is not acting in the best interests of the ward or protectee, the court shall enter such orders as it deems appropriate under the circumstances.  Such orders may include the removal of the guardian or conservator and the appointment of a successor guardian or conservator or termination of the guardianship or conservatorship on finding that the ward has recovered his capacity or the protectee is no longer disabled.  The court in framing its orders and findings shall give due consideration to the exercise by the guardian or conservator of any discretion vested in him by law.

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