Section 475.125

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 475

Effective - 28 Aug 2016, 3 histories, see footnote   (history) 

  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 maintenance of his or her family and education of his or her children, according to his or her means and obligation, if any, out of the proceeds of his or her 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.  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.

  3.  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 his or her 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)

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

(1965) Guardian cannot pledge certificate of time deposit purchased with assets of ward as collateral security for loan for minor's support without first obtaining an order from probate court authorizing him to do so. Western Casualty & Surety Co. v. First State Bank (A.), 390 S.W.2d 913.