Section 15.3 Guardians ad Litem

• Library: Estate Administration 2014 Supp

II. (§15.3) Guardians ad Litem

Though there are no general provisions in the guardianship or conservatorship code, Chapter 475, RSMo, for the appointment of a guardian ad litem (GAL) for a minor (the same holds true for a conservator ad litem except as mentioned below), specific provisions in the Probate Code, Chapters 472–475, RSMo, and elsewhere allow for this appointment:

Sections 404.093 and 404.648, RSMo 2000, allow for appointment under the Missouri Transfers to Minors Law, §§ 404.005 et seq., RSMo 2000, and the Missouri Personal Custodian Law, §§ 404.400–404.650, RSMo 2000 and Supp. 2008, if a conflict arises.

Section 472.170, RSMo 2000, allows for appointment in an appeal situation.

Section 472.300, RSMo 2000, allows for appointment if the court determines that the minor’s representation is otherwise inadequate (a pretty broad authorization that does not specifically include the “best interests” standard, but it is probably the presumed standard).

Section 473.083, RSMo 2000, allows for appointment if the court determines that a will contest may be to the interest of a minor.

Section 473.780.3, RSMo 2000, authorizes the court to appoint a GAL “[w]hen one or

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