Section 13.19 Appeal and Rehearing

• Library: Estate Administration 2014 Supp

G. (§13.19) Appeal and Rehearing

Section 472.170, RSMo 2000, governs appeals from the probate division to the court of appeals in cases in which a final adjudication as to incapacity or disability has been made. An appeal may be made by the petitioner, the respondent, any relative of the respondent, “any reputable citizen of the county in which the hearing occurred, or by an attorney for any of the foregoing persons.” Section 472.170.1. Pending the determination of the appeal, it does not operate as a supersedeas of any adjudication of the probate division “except to the extent it is specifically provided by the probate division in an order entered at the time of or after the notice of appeal has been filed.” Id. But the probate division must allow supersedeas unless it is found that the respondent, by reason of the respondent’s mental condition, “is so far disordered in his mind as to endanger his own person or the person or property of others.” Id.

If the probate division finds that the respondent is disabled and refuses to allow supersedeas, the probate division may appoint a guardian ad litem to collect, protect, and preserve the respondent’s assets and disburse funds for the necessary support and maintenance of the respondent and those members of the respondent’s family who are dependent on the respondent. Section 472.170.2. “The appointment of the guardian ad litem as well as the decision of the probate division . . . as to supersedeas may be reviewed by the appellate court on motion by an interested party at any time after the notice of appeal has been filed.” Id.

Section 472.180, RSMo 2000, provides that all appeals must “be taken within the time prescribed by the rules of civil procedure relating to appeals.”

Section 475.077...