Chapter 6 Removal, Successors, and Transfers

• Library: Guardianships and Conservatorships (2020 Ed.)

CHAPTER 6

REMOVAL, SUCCESSORS, AND TRANSFERS

A. Removal and Successors

If there is an indication—from the report or otherwise—that the incapacity or disability of the ward/protectee has ceased, the court appoints an attorney to file on behalf of the ward/protectee a petition for termination of the guardianship or conservatorship or for restoration. Section 475.082.4, RSMo Supp. 2019. Section 475.083.4, RSMo Supp. 2019, authorizes the ward/protectee to petition the court individually for restoration of their rights 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.

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 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 circumstances, [including] the removal of the guardian or conservator and the appointment of a successor guardian or conservator or termination of the guardianship or conservatorship on finding that the ward has recovered his capacity or the protectee is no longer disabled.

Id.

The court is directed to give due consideration to the discretion granted the guardian or conservator under the law when making their findings and making orders. Id. Section 475.110, RSMo 2016, provides that a guardian or conservator may also be removed on the same grounds as provided in § 473.140, RSMo 2016, which include the following:

· Becoming of unsound mind

· Being convicted of a felony or other infamous crime

· Becoming a habitual drunkard

· Wasting or mismanaging the estate

· Acting to endanger a co-guardian or co-conservator

· Failing to answer a citation to make settlement

See also Estate of Green, 787 S.W.2d 842 (Mo. App. E.D. 1990). Section 475.020, RSMo 2016, makes sections of Chapter 472, RSMo, applicable to...