When picking a guardian or conservator, the Court must appoint the must “suitable” person. The Court must also follow a hierarchy in making its choice. At the top of this list, the Court must consider “any eligible person nominated” by the allegedly incapacitated person, provided the person can “make and communicate a reasonable choice.” Section…
Legal Articles
Conservator Conflict of Interest, Conservator Ad Litem
A conservator manages the finances of a minor or incapacitated individual, the “protectee.” “The primary purpose of a conservatorship is to provide financial assistance” to a protectee. Estate of Ewing v. Bryan, 883 S.W.2d 545, 548 (Mo. Ct. App. 1994). As a fiduciary, a conservator must handle money or property not for “his [or her]…
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…
Removal of Conservator, "Interested Persons"
Like with any fiduciary (e.g., trustee, guardian, attorney-in-fact), a conservator appointed to represent the property/assets 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…
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…