FIRST REGULAR SESSION
HOUSE BILL NO. 137
93RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES PORTWOOD (Sponsor) AND LEMBKE (Co-sponsor).
Pre-filed December 29, 2004 and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
To repeal section 475.083, RSMo, and to enact in lieu thereof one new section relating to guardianship of a minor.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 475.083, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 475.083, to read as follows:
475.083. 1. The authority of a guardian or conservator terminates:
(1) When a minor ward becomes eighteen years of age;
(2) Upon an adjudication that an incapacitated or disabled person has been restored to his or her capacity or ability;
(3) Upon revocation of the letters of the guardian or conservator;
(4) Upon the acceptance by the court of the resignation of the guardian or conservator;
(5) Upon the death of the ward or protectee except that if there is no person other than the estate of the ward or protectee liable for the funeral and burial expenses of the ward or protectee the guardian or conservator may, with the approval of the court, contract for the funeral and burial of the deceased ward or protectee;
(6) Upon the expiration of an order appointing a guardian or conservator ad litem unless the court orders extension of the appointment;
(7) Upon an order of court terminating the guardianship or conservatorship.
2. A guardianship or conservatorship may be terminated by court order after such notice as the court may require:
(1) If the conservatorship estate is exhausted;
(2) If the conservatorship is no longer necessary for any other reason;
(3) If the court finds that a parent is fit, suitable and able to assume the duties of guardianship and it is in the best interest of the minor that the guardianship be terminated. For purposes of this subsection, absent clear and convincing evidence to the contrary, it is in the best interest of a minor that guardianship granted to a person other than a parent be terminated in favor of a parent who is fit, suitable, and able to assume the duties of guardianship.
3. Notwithstanding the termination of the authority of a conservator, [he] the conservator shall continue to have such authority as may be necessary to wind up [his] the conservator's administration.
4. At any time the guardian, conservator or any person on behalf of the ward or protectee may, individually or jointly with the ward or protectee, or the ward or protectee individually may petition the court to restore the ward or protectee, or to decrease the powers of the guardian or conservator, except that if the court determines that the petition is frivolous, the court may summarily dismiss the petition without hearing.
5. Upon the filing of a joint petition by the guardian or conservator and the ward or protectee, the court, if it finds restoration or modification to be in the best interests of the ward or protectee, may summarily order restoration or modification of the powers of the guardian or conservator without the necessity of notice and hearing.
6. Upon the filing of a petition without the joinder of the guardian or conservator, the court shall cause the petition to be set for hearing with notice to the guardian or conservator. If the ward or protectee is not represented by an attorney, the court shall appoint an attorney to represent the ward or protectee in such proceeding. The burden of proof by a preponderance of the evidence shall be upon the petitioner. Such a petition may not be filed more than once every one hundred eighty days.
7. At any time the guardian or conservator may petition the court to increase his or her powers. Proceedings on the petition shall be in accordance with the provisions of section 475.075.