Section 13.13 Respondent’s Rights

• Library: Estate Administration 2014 Supp

7. (§13.13) Respondent’s Rights

Section 475.075.8, RSMo 2000, states that the respondent has the following rights in addition to those specified elsewhere:

(1) The right to be represented by an attorney;

(2) The right to have a jury trial;

(3) The right to present evidence in his behalf;

(4) The right to cross-examine witnesses who testify against him;

(5) The right to remain silent;

(6) The right to have the hearing opened or closed to the public as he elects;

(7) The right to a hearing conducted in accordance with the rules of evidence in civil proceedings, except as modified by this chapter;

(8) The right to be present at the hearing.

Although not stated explicitly, many jurists believe that the converse is implied and that the respondent may choose to be absent from the hearing.

Section 475.075.8(5) preserves to the respondent the right to remain silent. In In re Moore, 885 S.W.2d 722, 727 (Mo. App. W.D. 1994), the court held that once a prima facie case of the ward’s incapacity was established by his mother’s testimony, his physician could be compelled to testify under § 475.075.6 and...