Section 14.10 Removal of Conservators

• Library: Estate Administration 2014 Supp

E. (§14.10) Removal of Conservators

An appointed conservator may be removed. In re Estate of Pittman, 16 S.W.3d 639 (Mo. App. W.D. 2000). Generally, the removal must be on statutory grounds. In re Estate of Davis, 758 S.W.2d 461, 463 (Mo. App. W.D. 1988) (the courts have no power to engraft on a statute a cause for removal not enumerated in the statute). But Pittman stated, in dicta, that the court reform and revision law of 1979 empowered the probate courts to remove a conservator on nonstatutory grounds. Pittman, 16 S.W.3d at 642.

When a conservator and protectee are married, § 475.110.1, RSMo Supp. 2008, mandates the removal of the conservator upon the dissolution of their marriage. Additionally, that statute permits removal of a conservator on...