§9.21 Evidence

• Library: Elder Law Deskbook (2023 Ed.)

1. (§9.21) Evidence

The civil rules of evidence apply to guardianship and conservatorship proceedings. Section 475.075.10(7), RSMo Supp. 2020. “There is a presumption of sanity prior to the ultimate adjudication of incompetency.” In re Estate of Chevalier, 996 S.W.2d 156, 158–59 (Mo. App. S.D. 1999). The Chevalier court noted that, even though parties competing for appointment as guardian or conservator agree that the respondent is incapacitated or disabled, that does not eliminate the need for proof on that...