Section 15.8 Appointment

• Library: Estate Administration 2014 Supp

C. (§15.8) Appointment

Upon being satisfied that a minor is in need of a guardian, a conservator, or both, the court may appoint a guardian, conservator, or both. It is not clear why the court is still left with the discretion. Perhaps it is has to do with appointing the applicant rather than actually ordering a guardianship. In any event, the judge still has the discretion. There is also no ban on the guardian and conservator being the same person. Section 475.079, RSMo 2000.

But before a conservator can assume his or her duties, it is necessary for the fiduciary to post a bond. Section 475.100, RSMo 2000. Section 475.100, along with § 475.105.1, RSMo 2000, requires that the bond be posted before letters issue (except if waived, as discussed below). As to the specific provisions applying to the bond, this section incorporates the bond provisions of Chapter 473, Probate Code—Administration of Decedents’ Estates, and Chapter 474, RSMo, Probate Code—Intestate Succession and Wills, pertaining to bonds of personal representatives. Section 475.100...