Section 507.188

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 507

Effective - 28 Aug 1985   

  507.188.  Disposition of proceeds of claim — discharge of next friend or guardian ad litem. — 1.  If, after paying the attorney fee and the expenses, the next friend or guardian ad litem has in his hands money or property of the minor in an amount equal to or less than ten thousand dollars, then the court may, if in its discretion it finds it to be to the best interests of the minor to do so, order the next friend or guardian ad litem to pay, deposit, or deliver all or any part of such money or property in accordance with one of the alternatives prescribed by subsection 1 of section 475.330. The provisions of chapters 473 and 475 shall apply to any such payment, deposit, or delivery.  In the event of such order and payment, deposit, or delivery, the next friend or guardian ad litem shall file with the court or the clerk thereof a receipt from the person to whom the payment, deposit, or delivery was made evidencing such payment, deposit, or delivery.  After such receipt has been filed and accepted by the court or clerk thereof as authentic, then the court or clerk thereof may order the next friend or guardian ad litem discharged and released from all of his duties and obligations and from his bond.  In the event such payment or delivery is to the minor, then the minor's signature upon the receipt shall be unavoidable, irrevocable and forever binding upon the minor.

  2.  If, after paying the attorney fee and the expenses, the next friend or guardian ad litem has in his hands money or property of the minor in an amount in excess of ten thousand dollars, then the court shall order the next friend or guardian ad litem to pay or transfer such money or property to a duly appointed and qualified conservator of the minor.  Upon such payment or transfer, the next friend or guardian ad litem shall file with the court or the clerk thereof a receipt from such conservator to whom such payment or transfer was made, evidencing such payment, with a certified copy of such conservator's letters attached to such receipt.  After such receipt has been filed and accepted by the court as authentic, then the court shall order the next friend or guardian ad litem discharged and released from all of his duties and obligations and from his bond.

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(L. 1959 H.B. 537 § 507.187, A.L. 1977 S.B. 142 & 433, A.L. 1983 S.B. 44 & 45, A.L. 1984 S.B. 424, A.L. 1985 S.B. 35, et al.)