EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 613
102ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR ARTHUR.
2132S.03I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 475.010 and 475.084, RSMo, and to enact in lieu thereof three new sections
relating to guardianships.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 475.010 and 475.084, RSMo, are 1
repealed and three new sections enacted in lieu thereof, to be 2
known as sections 473.777, 475.010, and 475.084, to read as 3
follows:4
473.777. 1. There is hereby created in the state 1
treasury the "Missouri Public Administrator Fund", which 2
shall consist of moneys appropriated and gifts, 3
contributions, devises, bequests, and grants received 4
relating to the purposes p rovided in this section, shall be 5
credited to the fund. The state treasurer shall be 6
custodian of the fund. In accordance with sections 30.170 7
and 30.180, the state treasurer may approve disbursements. 8
The fund shall be a dedicated fund and, upon ap propriation, 9
money in the fund shall be used solely for the purposes set 10
forth in this section. 11
2. Notwithstanding the provisions of 33.080 to the 12
contrary, any moneys remaining in the fund at the end of the 13
biennium shall not revert to the credi t of the general 14
revenue fund. 15
3. The state treasurer shall invest moneys in the fund 16
in the same manner as other funds are invested. Any 17 SB 613 2
interest and moneys earned on such investments shall be 18
credited to the fund. 19
4. Moneys in the fund s hall be available for the 20
following purposes: 21
(1) Any purchase of computer software or computer 22
hardware to improve the efficiency of the management of the 23
letters of public administrators of this state and to 24
improve the security of sensitive in formation relating to 25
the letters and office of public administrators of this 26
state; 27
(2) Any travel expenses incurred by a public 28
administrator holding letters of guardianship or letters of 29
conservatorship for in -person or home visits to the ward s or 30
protectees of the public administrator; and 31
(3) Any programs, seminars, or activities relating to 32
training or instruction in guardianships, conservatorships, 33
or the operations of the public administrator's office. 34
475.010. When used in this chapter, unless otherwise 1
apparent from the context, the following terms mean: 2
(1) "Adult", a person who has reached the age of 3
eighteen years; 4
(2) "Claims", liabilities of the protectee arising in 5
contract, in tort or oth erwise, before or after the 6
appointment of a conservator, and liabilities of the estate 7
which arise at or after the adjudication of disability or 8
after the appointment of a conservator of the estate, 9
including expenses of the adjudication and of 10
administration. The term does not include demands or 11
disputes regarding title of the protectee to specific assets 12
alleged to be included in the estate; 13
(3) "Conservator", one appointed by a court to have 14
the care and custody of the estate of a minor o r a disabled 15 SB 613 3
person. A "limited conservator" is one whose duties or 16
powers are limited. The term "conservator", as used in this 17
chapter, includes limited conservator unless otherwise 18
specified or apparent from the context; 19
(4) "Conservator ad litem", one appointed by the court 20
in which particular litigation is pending regarding the 21
management of financial resources on behalf of a minor, a 22
disabled person, or an unborn person in that particular 23
proceeding or as otherwise specified in this cha pter; 24
(5) "Custodial parent", the parent of a minor who has 25
been awarded sole or joint physical custody of such minor, 26
or the parent of an incapacitated person who has been 27
appointed as guardian of such person, by an order or 28
judgment of a court of this state or of another state or 29
territory of the United States, or if there is no such order 30
or judgment, the parent with whom the minor or incapacitated 31
person primarily resides; 32
(6) "Disabled" or "disabled person", one who is: 33
(a) Unable by reason of any physical, mental, or 34
cognitive condition to receive and evaluate information or 35
to communicate decisions to such an extent that the person 36
lacks ability to manage the person's financial resources; or 37
(b) The term disabled or d isabled person, as used in 38
this chapter includes the terms partially disabled or 39
partially disabled person unless otherwise specified or 40
apparent from the context; 41
(7) "Eligible person" or "qualified person", a natural 42
person, social service agen cy, corporation or national or 43
state banking organization qualified to act as guardian of 44
the person or conservator of the estate pursuant to the 45
provisions of section 475.055; 46 SB 613 4
(8) "Guardian", one appointed by a court to have the 47
care and custody of the person of a minor or of an 48
incapacitated person. A "limited guardian" is one whose 49
duties or powers are limited. A "standby guardian" is one 50
approved by the court to temporarily assume the duties of 51
guardian of a minor or of an incapacitated person under 52
section 475.046. The term guardian, as used in this 53
chapter, includes limited guardian and standby guardian 54
unless otherwise specified or apparent from the context; 55
(9) "Guardian ad litem", one appointed by a court, in 56
which particular litigation is pending on behalf of a minor, 57
an incapacitated person, a disabled person, or an unborn 58
person in that particular proceeding or as otherwise 59
specified in this code; 60
(10) "Habilitation", a process of treatment, training, 61
care, or specialized attention that seeks to enhance and 62
maximize the ability of a person with an intellectual 63
disability or a developmental disability to cope with the 64
environment and to live as determined by the person as much 65
as possible, as is appropriate f or the person considering 66
his or her physical and mental condition and financial means; 67
(11) "Incapacitated person", one who is unable by 68
reason of any physical, mental, or cognitive condition to 69
receive and evaluate information or to communicate decisions 70
to such an extent that the person, even with appropriate 71
services and assistive technology, lacks capacity to manage 72
the person's essential requirements for food, clothing, 73
shelter, safety or other care such that serious physical 74
injury, illness, or disease is likely to occur. The term 75
incapacitated person as used in this chapter includes the 76
term partially incapacitated person unless otherwise 77
specified or apparent from the context; 78 SB 613 5
(12) "Interested persons", spouses, children, par ents, 79
adult members of a ward's or protectee's family, creditors 80
or any others having a property right or claim against the 81
estate of a protectee being administered, trustees of a 82
trust of which the ward or protectee is a beneficiary, 83
agents of a durable power of attorney for a ward or 84
protectee, [and] children of a protectee who may have a 85
property right or claim against or an interest in the estate 86
of a protectee, and any person concerned about the health 87
and welfare of a ward or protectee . This meaning may vary 88
at different stages and different parts of a proceeding and 89
shall be determined according to the particular purpose and 90
matter involved; 91
(13) "Least restrictive alternative", with respect to 92
the guardianship order and the exerci se of power by the 93
guardian, a course of action or an alternative that allows 94
the incapacitated person to live, learn, and work with 95
minimum restrictions on the person, as are appropriate for 96
the person considering his or her physical and mental 97
condition and financial means. Least restrictive 98
alternative also means choosing the decision or approach 99
that: 100
(a) Places the least possible restriction on the 101
person's personal liberty and exercise of rights and that 102
promotes the greatest possible inclusion of the person into 103
his or her community, as is appropriate for the person 104
considering his or her physical and mental condition and 105
financial means; and 106
(b) Is consistent with meeting the person's essential 107
requirements for health, safet y, habilitation, treatment, 108
and recovery and protecting the person from abuse, neglect, 109
and financial exploitation; 110 SB 613 6
(14) "Manage financial resources", either those 111
actions necessary to obtain, administer, and dispose of real 112
and personal property , intangible property, business 113
property, benefits, income or any assets, or those actions 114
necessary to prevent waste, loss or dissipation of property, 115
or those actions necessary to provide for the care and 116
support of such person or anyone legally depe ndent upon such 117
person by a person of ordinary skills and intelligence 118
commensurate with his or her training and education; 119
(15) "Minor", any person who is under the age of 120
eighteen years; 121
(16) "Parent", the biological or adoptive mother or 122
father of a child whose parental rights have not been 123
terminated under chapter 211, including: 124
(a) A person registered as the father of the child by 125
reason of an unrevoked notice of intent to claim paternity 126
under section 192.016; 127
(b) A person who has acknowledged paternity of the 128
child and has not rescinded that acknowledgment under 129
section 193.215; and 130
(c) A person presumed to be the natural father of the 131
child under section 210.822; 132
(17) "Partially disabled person", one who is unable by 133
reason of any physical, mental, or cognitive condition to 134
receive and evaluate information or to communicate decisions 135
to such an extent that such person lacks capacity to manage, 136
in part, his or her financial resources; 137
(18) "Partially incapacitated person", one who is 138
unable by reason of any physical, mental, or cognitive 139
condition to receive and evaluate information or to 140
communicate decisions to the extent that such person lacks 141
capacity to meet, in part, essential requiremen ts for food, 142 SB 613 7
clothing, shelter, safety, or other care without court - 143
ordered assistance; 144
(19) "Protectee", a person for whose estate a 145
conservator or limited conservator has been appointed or 146
with respect to whose estate a transaction has been 147
authorized by the court under section 475.092 without 148
appointment of a conservator or limited conservator; 149
(20) "Seriously ill", a significant likelihood that a 150
person will become incapacitated or die within twelve months; 151
(21) "Social service agency", a charitable 152
organization organized and incorporated as a not -for-profit 153
corporation under the laws of this state and which qualifies 154
as an exempt organization within the meaning of Section 155
501(c)(3), or any successor provision thereto of the federal 156
Internal Revenue Code; 157
(22) "Standby guardian", one who is authorized to have 158
the temporary care and custody of the person of a minor or 159
of an incapacitated person under the provisions of section 160
475.046; 161
(23) "Treatment", the preve ntion, amelioration or cure 162
of a person's physical and mental illnesses or incapacities; 163
(24) "Ward", a minor or an incapacitated person for 164
whom a guardian, limited guardian, or standby guardian has 165
been appointed. 166
475.084. [If a guardian has been appointed for a minor 1
under the provisions of subdivision (2) of subsection 4 of 2
section 475.030, then a parent of the minor may petition the 3
court for periods of visitation. The court may order 4
visitation if visitation is in the best interest of the 5
child.] 1. Unless otherwise limited by a court order, a 6
ward or protectee is entitled to unimpeded, private, and 7 SB 613 8
uncensored communication and visitation with persons of the 8
ward's or protectee's choice. 9
2. If a guardian or conservator believes that certain 10
communication or visitation causes substantial harm to the 11
ward's health, safety, or well -being or to the protectee's 12
estate, the guardian or conservator may move the court to 13
order limitations or restrictions on such communication or 14
visitation to the extent necessary to protect the ward or 15
the estate of the protectee from substantial harm. 16
3. Upon good cause shown by the guardian or 17
conservator in a motion pursuant to subsection 2 of this 18
section, the court shall consider and may order limitations 19
and restrictions in the following sequence: 20
(1) Placing reasonable time, manner, or place 21
restrictions on the communication or visitation between the 22
person and the ward or protectee based on the ward's wis hes 23
or the history between the person and the ward or protectee; 24
(2) Requiring that communication or visitation between 25
the person and the ward or protectee be supervised; or 26
(3) Denying communication or visitation between the 27
person and the ward or protectee, except that supervised 28
communication or visitation shall be ordered pursuant to 29
subdivision (2) of this subsection prior to the denial of 30
any communication or visitation unless the person poses a 31
threat to the ward. 32
4. Good cause shown by the guardian or conservator 33
shall include: 34
(1) Whether any protective orders have been issued to 35
protect the ward or protectee from the person seeking access 36
to the ward or protectee; 37 SB 613 9
(2) Whether abuse, neglect, or financial exp loitation 38
of the ward or protectee by the person seeking access to the 39
ward or protectee has occurred or is likely to occur; 40
(3) Documented wishes of the ward or protectee to 41
reject communication or visitation with the person seeking 42
access to the ward or protectee; 43
(4) If the ward or protectee is unable to communicate, 44
whether a properly executed living will, durable power of 45
attorney, or advance directive contains a preference by the 46
ward or protectee with regard to communication or vis itation 47
of the person seeking access to the ward or protectee; or 48
(5) Any other factor deemed relevant by the court. 49
5. If a ward or protectee, guardian or conservator, or 50
any interested person reasonably believes that any provision 51
of subsection 1 of this section or an order issued pursuant 52
to subsection 3 of this section has been violated, the ward 53
or protectee, the guardian or conservator, or the interested 54
person may move the court to: 55
(1) Require the guardian or conservator to g rant the 56
restricted person access to the ward or protectee; 57
(2) Restrict, or further restrict, a person's access 58
to the ward or protectee; 59
(3) Modify the guardian's or conservator's duties; or 60
(4) Discharge and replace the guardian or c onservator 61
pursuant to section 475.097. 62
6. The court shall hold a hearing on a motion filed 63
pursuant to subsections 2 or 5 of this section within thirty 64
days after the motion is filed or within ten days if the 65
health of the ward or protectee is i n significant decline or 66
if the death of the ward or protectee is imminent. 67
7. The court may award court costs and reasonable 68
attorney's fees to the prevailing party of a motion filed 69 SB 613 10
pursuant to subsections 2 or 5 of this section, but no award 70
of costs or fees shall be funded by the estate of the ward 71
or protectee. 72
8. A guardian or conservator shall promptly notify 73
interested persons, including persons designated by the ward 74
or protectee to be notified, upon knowledge of the following 75
events: 76
(1) A change of residence of the ward or protectee; 77
(2) The ward staying at a location other than his or 78
her primary residence for more than seven consecutive days; 79
(3) The ward is admitted to or is discharged from a 80
facility licensed pursuant to chapter 198; 81
(4) The ward is admitted to a hospital, as that term 82
is defined in section 197.020, for acute care or for 83
emergency care in response to a life -threatening injury or 84
medical condition; and 85
(5) The death of the ward or protectee and any funeral 86
or burial arrangements to the extent that such notification 87
does not interfere with the rights of next -of-kin to direct 88
the disposition of the body of the ward or protectee upon 89
death under section 194.119. 90
A guardian or conservator is not required to provide notice 91
if the interested person informs the guardian or conservator 92
that the person does not wish to receive such notice or the 93
ward or a court order has expressly prohibited the guardian 94
or conservator from providing notice to the interested 95
person. 96
9. Any notification pursuant to subdivision (5) of 97
subsection 8 of this section shall be made in person or by 98
telephone. 99 SB 613 11
10. As used in this section, the terms "communication" 100
and "visitation" include s receiving visitors, telephone 101
calls, and personal mail. 102