Section 12.5 Relationship to Durable Power of Attorney
| Library | Trusts and Powers 2013 Supp |
E. (§12.5) Relationship to Durable Power of Attorney
A personal custodian is a property manager of specific property transferred to the personal custodian. The personal custodian has no right to possession or control of other property of the beneficiary unless authorized by a court. Sections 404.500 and 404.520, RSMo 2000.
A personal custodian is not a guardian and may not make personal decisions for a beneficiary. While the personal custodian may accept payment from a person indebted to the beneficiary under § 404.490, RSMo 2000, the personal custodian has no power to approve and settle claims for the beneficiary. If what is received from an obligor is all that is owed to the beneficiary, payment to...
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