Section 11.42 Actions by or Against the Minor or the Custodian

• Library: Trusts and Powers 2013 Supp

D. (§11.42) Actions by or Against the Minor or the Custodian

If the claim is against the minor in tort or contract, suit should be filed against the minor with service on the minor’s legally appointed conservator if the minor has one. Rule 54.13(b)(2); § 506.150.1(2), RSMo 2000. If the minor has no legally appointed conservator and is under age 18, after the commencement of the suit by service on the minor under Rule 54.13(b)(1), the court should be requested to appoint a guardian ad litem for the minor beneficiary under Rule 52.02(d) and § 507.190, RSMo 2000. Failure of the court to appoint a guardian ad litem will result in a voidable judgment if the verdict is against the minor. The duty to see to a proper appointment rests with the party seeking judgment against the minor whether as plaintiff or as defendant. Cox v. Wrinkle, 267 S.W.2d 648 (Mo. 1954).

The custodian as an...