§9.47 Removal of Guardian and Conservator

• Library: Elder Law Deskbook (2023 Ed.)

B. (§9.47) Removal of Guardian and Conservator

Section 475.083.4, RSMo Supp. 2020, authorizes the ward/protectee to petition the court individually for restoration of their rights and removal of the guardian or conservator regardless of whether the guardian and conservator join in or consent to the petition:

If it appears to the court as a part of its review or at any time upon motion of any interested person, including the ward or protectee or some person on his behalf, that the guardian or conservator is not [properly] discharging his responsibilities and duties . . . or has not acted in the best interests of his ward or protectee, the court may order that a hearing be held and direct that the guardian or conservator appear before the court.

Section 475.082.5, RSMo Supp. 2020.

The court has some discretion in deciding whether to hear these petitions in order to discourage the erroneous filings some wards/protectees may be inclined to file. If the court does take up the petition and the ward/protectee is not represented by an attorney, the court appoints an attorney to represent the ward/protectee at the hearing. Id.

[I]f the court finds that the guardian or conservator is not discharging his or her duties and responsibilities . . . or is not acting in the best interests of the ward or protectee, the court shall enter such orders as it deems appropriate under the...