101 South Hanley, Suite 1280 Clayton, MO 63105
314.283.8930; henry@elsterlaw.com

Incapacity, Business Transactions

Legally, several things happen when someone is adjudicated as incapacitated and a guardian or conservator is appointed for the protectee (i.e., the incapacitated person). Perhaps most significantly, the protectee loses his or her right to enter into business transactions. Instead, it is the conservator’s responsibility (usually with court approval) to enter into such transactions. Section […]

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Removal of Conservator, “Interested Persons”

Like with any fiduciary (e.g., trustee, guardian, attorney-in-fact), a conservator appointed to represent the property/assetsĀ of a minor or legally incapacitated adult may be removed for cause. Section 475.082.5, RSMo allows any “interested person” to file a motion/petition alleging that a conservator is not discharging his/her statutory responsibilities and duties or has not acted in the […]

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Minors in Court, Minor Settlements & Contracts

Minors (i.e., those under 18) or those without legal capacity are not permitted to represent themselves in court. If the litigant is a minor, there needs to usually be a next friend appointed with the Court who acts on the minor’s behalf. The next friend, in turn, can retain attorneys and enter into contracts on […]

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