Section 14.13 Procedure When Respondent Does Not or Cannot Consent to Petition

• Library: Estate Administration 2014 Supp

C. (§14.13) Procedure When Respondent Does Not or Cannot Consent to Petition

When the respondent is either unwilling or unable to consent to the petition for appointment of a conservator as referred to in §14.12 above, the court has the responsibility to promptly set the petition for hearing and appoint an attorney to represent the respondent. Sections 475.075.1 and .3, RSMo 2000.

The respondent is entitled to personal service of the following:

· A copy of the petition

· Written notice of the time and place of the hearing

· The name and address of appointed counsel

· Names and addresses of witnesses who may be called

· A copy of the respondent’s rights

Section 475.075.2. Personal service of the petition and notice upon the alleged disabled person is jurisdictional and mandatory for the appointment of a conservator. Scott v. Scott, 882 S.W.2d 295 (Mo. App. E.D. 1994).

Service may only be performed by a sheriff or a person specially appointed for...