§9.3 Protections for the Rights of Persons Alleged to Be Incapacitated or Disabled
| Library | Elder Law Deskbook (2023 Ed.) |
B. (§9.3) Protections for the Rights of Persons Alleged to Be Incapacitated or Disabled
A person who is adjudicated completely incapacitated and disabled is no longer able to exercise many civil rights. A ward loses the right to vote, § 115.199, RSMo 2016, to marry without court approval, § 451.020, RSMo 2016, and to have a driver’s license, § 302.060, RSMo Supp. 2020, unless those rights are specifically withheld to the ward. See § 475.078.4, RSMo Supp. 2020.
As such, the respondent is accorded many rights in the adjudication process. Section 475.075.10, RSMo Supp. 2020, states that the respondent has the following rights in addition to those specified elsewhere:
(1) The right to be represented by an attorney;
(2) The right to have a jury trial;
(3) The right...
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