Section 13.4 Petitioner

• Library: Estate Administration 2014 Supp

B. (§13.4) Petitioner

“Any person may file a petition for the appointment of himself or some other qualified person as guardian” of an incapacitated person or as conservator of the estate of a disabled person. Sections 475.060 and 475.061, RSMo 2000. Under § 475.050, RSMo 2000, before appointing any other eligible person, organization, or corporation as guardian or conservator, the court must consider the suitability of appointing either of the following:

· The respondent’s choice made at the time of hearing, if the respondent is able to make and communicate a reasonable choice

· The respondent’s written choice made before the inception of the respondent’s incapacity or disability and executed at a time within five years before the hearing when the respondent was able to make and communicate a reasonable choice

· The spouse, parents, adult children, adult brothers and sisters, and other close adult relatives of the respondent

· “Any other eligible person or, with respect to the estate only, any eligible organization or corporation, nominated in a duly probated will of such a spouse or relative executed within five years before the hearing”

The foregoing requires the court to consider the wishes of the respondent, the suitability of the persons most likely to be interested in the respondent’s welfare, and the suggestions of the deceased person’s close relatives.

Any adult—at least 18 years of age—may be appointed guardian or conservator. Section 475.055.1(1), RSMo 2000. Certain charitable organizations created before January 1, 1902, may serve as guardians of the person. Section 475.055.1(2). A corporation authorized to do business in Missouri and empowered by its charter to so act or any national banking association authorized to so act in Missouri may be appointed conservator of the estate. Section 475.055.1(4). Since 1994, in certain urban areas in Missouri, a social service agency can serve as guardian of the person if it employs a licensed professional who can meet the needs of the ward and who will have primary responsibility for providing guardianship services. See § 475.055.1(3), .5, and .6. With the exception of a public administrator, any person or corporation appointed as guardian or conservator must file a consent in writing to act. Section 475.055.2.

The following are disqualified from acting as guardians or conservators:

· A person or corporation licensed as a facility by the Missouri Department of Mental Health or the Department of Social Services or any administrator, owner, operator, manager, or employee of such a facility for any resident of that facility, unless related within the fourth degree of consanguinity or affinity to the resident

· Full-time judges, clerks, deputy clerks, or division clerks of any court unless the ward/protectee is a spouse or related within the third degree of consanguinity or

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