Section 13.3 Venue

• Library: Estate Administration 2014 Supp

A. (§13.3) Venue

Under § 475.035, RSMo 2000, venue for the appointment of a guardian or conservator is in:

the Missouri county of domicile of the alleged incapacitated or disabled person (respondent), § 475.035.1(1);

if the respondent has no Missouri domicile, the county where the respondent actually resides, § 475.035.1(2);

if the respondent does not reside in any county, in any county where the respondent has property, § 475.035.1(3); or

in the county, or on any federal reservation within the county, where the respondent or the respondent’s property is found, id.

If the respondent has resided in a county other than the county of the respondent’s domicile for more than one year, the court of that county may assume venue. Section 475.035.2. This latter provision is designed to give discretionary power to act on a petition for appointment of a guardian or conservator to the probate division of a county in which the respondent has been hospitalized or cared for during an extended period of time. Id.

If it appears to the court—acting on its own motion or on the petition of...