§9.15 Service on Respondent

• Library: Elder Law Deskbook (2023 Ed.)

1. (§9.15) Service on Respondent

The respondent must be served in person within a reasonable time before the hearing date. This requirement is jurisdictional and cannot be waived by any party. The service must include the following items:

· A copy of the petition

· A notice of the time and place of the hearing

· The name and address of the court-appointed counsel

· The names and addresses of witnesses who may be called to testify in support of the petition

· A copy of the respondent’s rights set forth in § 475.075.9 and .10, RSMo Supp. 2020

Section 475.075.1.

Even though a respondent may be located outside of Missouri—e.g., in a Kansas hospital or nursing home—as long as the respondent is a Missouri resident, the respondent may be served outside Missouri under Rules 54.07 and 54.14, and the court will acquire in personam jurisdiction. See Milliken v. Meyer, 311 U.S. 457 (1940). Service of process in a case that was dismissed for want of proper...