§9.48 Restoration of Capacity
| Library | Elder Law Deskbook (2023 Ed.) |
C. (§9.48) Restoration of Capacity
Restoration to full capacity and full ability may be accomplished without notice and hearing if the guardian and ward jointly petition the court. Section 475.083.5, RSMo Supp. 2020. Without such joinder by the guardian, the court must appoint an attorney for the ward and hold a hearing with notice to the guardian. Section 475.083.6. The burden of proof by a preponderance of the evidence is on the petitioner. Id. The petition may not be filed more than once every 180 days. Id. The hearing must be conducted according to the provisions of § 475.075, RSMo Supp. 2020, as...
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