Missouri 2024 Regular Session

Missouri Senate Bill SB932 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	SECOND REGULAR SESSION
5	5	SENATE BILL NO. 932
6	6	102ND GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR ARTHUR.
8	8	4130S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal sections 475.010 and 475.084, RSMo, and to enact in lieu thereof three new sections
11	11	relating to guardianships.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Sections 475.010 and 475.084, RSMo, are 1
15	15	repealed and three new sections enacted in lieu thereof, to be 2
16	16	known as sections 473.777, 475.010, and 475.084, to read as 3
17	17	follows:4
18	18	473.777. 1. There is hereby created in the state 1
19	19	treasury the "Missouri Public Administrator Fund", which 2
20	20	shall consist of moneys appropriated and gifts, 3
21	21	contributions, devises, bequests, and grants received 4
22	22	relating to the purposes p rovided in this section, shall be 5
23	23	credited to the fund. The state treasurer shall be 6
24	24	custodian of the fund. In accordance with sections 30.170 7
25	25	and 30.180, the state treasurer may approve disbursements. 8
26	26	The fund shall be a dedicated fund and, upon ap propriation, 9
27	27	money in the fund shall be used solely for the purposes set 10
28	28	forth in this section. 11
29	29	2. Notwithstanding the provisions of section 33.080 to 12
30	30	the contrary, any moneys remaining in the fund at the end of 13
31	31	the biennium shall not revert to t he credit of the general 14
32	32	revenue fund. 15
33	33	3. The state treasurer shall invest moneys in the fund 16
34	34	in the same manner as other funds are invested. Any 17 SB 932 2
35	35	interest and moneys earned on such investments shall be 18
36	36	credited to the fund. 19
37	37	4. Moneys in the fund shall be available for the 20
38	38	following purposes: 21
39	39	(1) Any purchase of computer software or computer 22
40	40	hardware to improve the efficiency of the management of the 23
41	41	letters of public administrators of this state and to 24
42	42	improve the security of sens itive information relating to 25
43	43	the letters and office of public administrators of this 26
44	44	state; 27
45	45	(2) Any travel expenses incurred by a public 28
46	46	administrator holding letters of guardianship or letters of 29
47	47	conservatorship for in -person or home visits to the wards or 30
48	48	protectees of the public administrator; and 31
49	49	(3) Any programs, seminars, or activities relating to 32
50	50	training or instruction in guardianships, conservatorships, 33
51	51	or the operations of the public administrator's office. 34
52	52	475.010. When used in this chapter, unless otherwise 1
53	53	apparent from the context, the following terms mean: 2
54	54	(1) "Adult", a person who has reached the age of 3
55	55	eighteen years; 4
56	56	(2) "Claims", liabilities of the protectee arising in 5
57	57	contract, in tort or otherwise, before or after the 6
58	58	appointment of a conservator, and liabilities of the estate 7
59	59	which arise at or after the adjudication of disability or 8
60	60	after the appointment of a conservator of the estate, 9
61	61	including expenses of the adjudication and o f 10
62	62	administration. The term does not include demands or 11
63	63	disputes regarding title of the protectee to specific assets 12
64	64	alleged to be included in the estate; 13
65	65	(3) "Conservator", one appointed by a court to have 14
66	66	the care and custody of the estate of a minor or a disabled 15 SB 932 3
67	67	person. A "limited conservator" is one whose duties or 16
68	68	powers are limited. The term "conservator", as used in this 17
69	69	chapter, includes limited conservator unless otherwise 18
70	70	specified or apparent from the context; 19
71	71	(4) "Conservator ad litem", one appointed by the court 20
72	72	in which particular litigation is pending regarding the 21
73	73	management of financial resources on behalf of a minor, a 22
74	74	disabled person, or an unborn person in that particular 23
75	75	proceeding or as otherwise specified in this chapter; 24
76	76	(5) "Custodial parent", the parent of a minor who has 25
77	77	been awarded sole or joint physical custody of such minor, 26
78	78	or the parent of an incapacitated person who has been 27
79	79	appointed as guardian of such person, by an order or 28
80	80	judgment of a court of this state or of another state or 29
81	81	territory of the United States, or if there is no such order 30
82	82	or judgment, the parent with whom the minor or incapacitated 31
83	83	person primarily resides; 32
84	84	(6) "Disabled" or "disabled person", one who is: 33
85	85	(a) Unable by reason of any physical, mental, or 34
86	86	cognitive condition to receive and evaluate information or 35
87	87	to communicate decisions to such an extent that the person 36
88	88	lacks ability to manage the person's financial resources; or 37
89	89	(b) The term disabled or disabled person, as used in 38
90	90	this chapter includes the terms partially disabled or 39
91	91	partially disabled person unless otherwise specified or 40
92	92	apparent from the context; 41
93	93	(7) "Eligible person" or "qualified person", a natural 42
94	94	person, social service agency, corporation or national or 43
95	95	state banking organization qualified to act as guardian of 44
96	96	the person or conservator of the estate pursuant to the 45
97	97	provisions of section 475.055; 46 SB 932 4
98	98	(8) "Guardian", one appointed by a court to have the 47
99	99	care and custody of the person of a minor or of an 48
100	100	incapacitated person. A "limited guardian" is one whose 49
101	101	duties or powers are limited. A "standby guardian" is one 50
102	102	approved by the court to temporarily assume the duties of 51
103	103	guardian of a minor or of an incapa citated person under 52
104	104	section 475.046. The term guardian, as used in this 53
105	105	chapter, includes limited guardian and standby guardian 54
106	106	unless otherwise specified or apparent from the context; 55
107	107	(9) "Guardian ad litem", one appointed by a court, in 56
108	108	which particular litigation is pending on behalf of a minor, 57
109	109	an incapacitated person, a disabled person, or an unborn 58
110	110	person in that particular proceeding or as otherwise 59
111	111	specified in this code; 60
112	112	(10) "Habilitation", a process of treatment, training, 61
113	113	care, or specialized attention that seeks to enhance and 62
114	114	maximize the ability of a person with an intellectual 63
115	115	disability or a developmental disability to cope with the 64
116	116	environment and to live as determined by the person as much 65
117	117	as possible, as is appro priate for the person considering 66
118	118	his or her physical and mental condition and financial means; 67
119	119	(11) "Incapacitated person", one who is unable by 68
120	120	reason of any physical, mental, or cognitive condition to 69
121	121	receive and evaluate information or to comm unicate decisions 70
122	122	to such an extent that the person, even with appropriate 71
123	123	services and assistive technology, lacks capacity to manage 72
124	124	the person's essential requirements for food, clothing, 73
125	125	shelter, safety or other care such that serious physical 74
126	126	injury, illness, or disease is likely to occur. The term 75
127	127	incapacitated person as used in this chapter includes the 76
128	128	term partially incapacitated person unless otherwise 77
129	129	specified or apparent from the context; 78 SB 932 5
130	130	(12) "Interested persons", spouses, child ren, parents, 79
131	131	adult members of a ward's or protectee's family, creditors 80
132	132	or any others having a property right or claim against the 81
133	133	estate of a protectee being administered, trustees of a 82
134	134	trust of which the ward or protectee is a beneficiary, 83
135	135	agents of a durable power of attorney for a ward or 84
136	136	protectee, [and] children of a protectee who may have a 85
137	137	property right or claim against or an interest in the estate 86
138	138	of a protectee, and any person concerned about the health 87
139	139	and welfare of a ward or protecte e. This meaning may vary 88
140	140	at different stages and different parts of a proceeding and 89
141	141	shall be determined according to the particular purpose and 90
142	142	matter involved; 91
143	143	(13) "Least restrictive alternative", with respect to 92
144	144	the guardianship order and th e exercise of power by the 93
145	145	guardian, a course of action or an alternative that allows 94
146	146	the incapacitated person to live, learn, and work with 95
147	147	minimum restrictions on the person, as are appropriate for 96
148	148	the person considering his or her physical and menta l 97
149	149	condition and financial means. Least restrictive 98
150	150	alternative also means choosing the decision or approach 99
151	151	that: 100
152	152	(a) Places the least possible restriction on the 101
153	153	person's personal liberty and exercise of rights and that 102
154	154	promotes the greatest p ossible inclusion of the person into 103
155	155	his or her community, as is appropriate for the person 104
156	156	considering his or her physical and mental condition and 105
157	157	financial means; and 106
158	158	(b) Is consistent with meeting the person's essential 107
159	159	requirements for healt h, safety, habilitation, treatment, 108
160	160	and recovery and protecting the person from abuse, neglect, 109
161	161	and financial exploitation; 110 SB 932 6
162	162	(14) "Manage financial resources", either those 111
163	163	actions necessary to obtain, administer, and dispose of real 112
164	164	and personal property, intangible property, business 113
165	165	property, benefits, income or any assets, or those actions 114
166	166	necessary to prevent waste, loss or dissipation of property, 115
167	167	or those actions necessary to provide for the care and 116
168	168	support of such person or anyone lega lly dependent upon such 117
169	169	person by a person of ordinary skills and intelligence 118
170	170	commensurate with his or her training and education; 119
171	171	(15) "Minor", any person who is under the age of 120
172	172	eighteen years; 121
173	173	(16) "Parent", the biological or adoptive mo ther or 122
174	174	father of a child whose parental rights have not been 123
175	175	terminated under chapter 211, including: 124
176	176	(a) A person registered as the father of the child by 125
177	177	reason of an unrevoked notice of intent to claim paternity 126
178	178	under section 192.016; 127
179	179	(b) A person who has acknowledged paternity of the 128
180	180	child and has not rescinded that acknowledgment under 129
181	181	section 193.215; and 130
182	182	(c) A person presumed to be the natural father of the 131
183	183	child under section 210.822; 132
184	184	(17) "Partially disabled person", one who is unable by 133
185	185	reason of any physical, mental, or cognitive condition to 134
186	186	receive and evaluate information or to communicate decisions 135
187	187	to such an extent that such person lacks capacity to manage, 136
188	188	in part, his or her financial resources; 137
189	189	(18) "Partially incapacitated person", one who is 138
190	190	unable by reason of any physical, mental, or cognitive 139
191	191	condition to receive and evaluate information or to 140
192	192	communicate decisions to the extent that such person lacks 141
193	193	capacity to meet, in part, essential re quirements for food, 142 SB 932 7
194	194	clothing, shelter, safety, or other care without court - 143
195	195	ordered assistance; 144
196	196	(19) "Protectee", a person for whose estate a 145
197	197	conservator or limited conservator has been appointed or 146
198	198	with respect to whose estate a transaction has been 147
199	199	authorized by the court under section 475.092 without 148
200	200	appointment of a conservator or limited conservator; 149
201	201	(20) "Seriously ill", a significant likelihood that a 150
202	202	person will become incapacitated or die within twelve months; 151
203	203	(21) "Social service agency", a charitable 152
204	204	organization organized and incorporated as a not -for-profit 153
205	205	corporation under the laws of this state and which qualifies 154
206	206	as an exempt organization within the meaning of Section 155
207	207	501(c)(3), or any successor provision thereto of the federal 156
208	208	Internal Revenue Code; 157
209	209	(22) "Standby guardian", one who is authorized to have 158
210	210	the temporary care and custody of the person of a minor or 159
211	211	of an incapacitated person under the provisions of section 160
212	212	475.046; 161
213	213	(23) "Treatment", the prevention, amelioration or cure 162
214	214	of a person's physical and mental illnesses or incapacities; 163
215	215	(24) "Ward", a minor or an incapacitated person for 164
216	216	whom a guardian, limited guardian, or standby guardian has 165
217	217	been appointed. 166
218	218	475.084. [If a guardian has been appointed for a minor 1
219	219	under the provisions of subdivision (2) of subsection 4 of 2
220	220	section 475.030, then a parent of the minor may petition the 3
221	221	court for periods of visitation. The court may order 4
222	222	visitation if visitation i s in the best interest of the 5
223	223	child.] 1. Unless otherwise limited by a court order, a 6
224	224	ward or protectee is entitled to unimpeded, private, and 7 SB 932 8
225	225	uncensored communication and visitation with persons of the 8
226	226	ward's or protectee's choice. 9
227	227	2. If a guardian or conservator believes that certain 10
228	228	communication or visitation causes substantial harm to the 11
229	229	ward's health, safety, or well -being or to the protectee's 12
230	230	estate, the guardian or conservator may move the court to 13
231	231	order limitations or restrictions on such communication or 14
232	232	visitation to the extent necessary to protect the ward or 15
233	233	the estate of the protectee from substantial harm. 16
234	234	3. Upon good cause shown by the guardian or 17
235	235	conservator in a motion pursuant to subsection 2 of this 18
236	236	section, the court shall consider and may order limitations 19
237	237	and restrictions in the following sequence: 20
238	238	(1) Placing reasonable time, manner, or place 21
239	239	restrictions on the communication or visitation between the 22
240	240	person and the ward or protectee based on the wa rd's wishes 23
241	241	or the history between the person and the ward or protectee; 24
242	242	(2) Requiring that communication or visitation between 25
243	243	the person and the ward or protectee be supervised; or 26
244	244	(3) Denying communication or visitation between the 27
245	245	person and the ward or protectee, except that supervised 28
246	246	communication or visitation shall be ordered pursuant to 29
247	247	subdivision (2) of this subsection prior to the denial of 30
248	248	any communication or visitation unless the person poses a 31
249	249	threat to the ward. 32
250	250	4. Good cause shown by the guardian or conservator 33
251	251	shall include: 34
252	252	(1) Whether any protective orders have been issued to 35
253	253	protect the ward or protectee from the person seeking access 36
254	254	to the ward or protectee; 37 SB 932 9
255	255	(2) Whether abuse, neglect, or finan cial exploitation 38
256	256	of the ward or protectee by the person seeking access to the 39
257	257	ward or protectee has occurred or is likely to occur; 40
258	258	(3) Documented wishes of the ward or protectee to 41
259	259	reject communication or visitation with the person seeking 42
260	260	access to the ward or protectee; 43
261	261	(4) If the ward or protectee is unable to communicate, 44
262	262	whether a properly executed living will, durable power of 45
263	263	attorney, or advance directive contains a preference by the 46
264	264	ward or protectee with regard to communicatio n or visitation 47
265	265	of the person seeking access to the ward or protectee; or 48
266	266	(5) Any other factor deemed relevant by the court. 49
267	267	5. If a ward or protectee, guardian or conservator, or 50
268	268	any interested person reasonably believes that any provision 51
269	269	of subsection 1 of this section or an order issued pursuant 52
270	270	to subsection 3 of this section has been violated, the ward 53
271	271	or protectee, the guardian or conservator, or the interested 54
272	272	person may move the court to: 55
273	273	(1) Require the guardian or conserva tor to grant the 56
274	274	restricted person access to the ward or protectee; 57
275	275	(2) Restrict, or further restrict, a person's access 58
276	276	to the ward or protectee; 59
277	277	(3) Modify the guardian's or conservator's duties; or 60
278	278	(4) Discharge and replace the guard ian or conservator 61
279	279	pursuant to section 475.097. 62
280	280	6. The court shall hold a hearing on a motion filed 63
281	281	pursuant to subsections 2 or 5 of this section within thirty 64
282	282	days after the motion is filed or within ten days if the 65
283	283	health of the ward or protec tee is in significant decline or 66
284	284	if the death of the ward or protectee is imminent. 67
285	285	7. The court may award court costs and reasonable 68
286	286	attorney's fees to the prevailing party of a motion filed 69 SB 932 10
287	287	pursuant to subsections 2 or 5 of this section, but no award 70
288	288	of costs or fees shall be funded by the estate of the ward 71
289	289	or protectee. 72
290	290	8. A guardian or conservator shall promptly notify 73
291	291	interested persons, including persons designated by the ward 74
292	292	or protectee to be notified, upon knowledge of the foll owing 75
293	293	events: 76
294	294	(1) A change of residence of the ward or protectee; 77
295	295	(2) The ward staying at a location other than his or 78
296	296	her primary residence for more than seven consecutive days; 79
297	297	(3) The ward is admitted to or is discharged from a 80
298	298	facility licensed pursuant to chapter 198; 81
299	299	(4) The ward is admitted to a hospital, as that term 82
300	300	is defined in section 197.020, for acute care or for 83
301	301	emergency care in response to a life -threatening injury or 84
302	302	medical condition; and 85
303	303	(5) The death of the ward or protectee and any funeral 86
304	304	or burial arrangements to the extent that such notification 87
305	305	does not interfere with the rights of next -of-kin to direct 88
306	306	the disposition of the body of the ward or protectee upon 89
307	307	death under section 194.119. 90
308	308	A guardian or conservator is not required to provide notice 91
309	309	if the interested person informs the guardian or conservator 92
310	310	that the person does not wish to receive such notice or the 93
311	311	ward or a court order has expressly prohibited the guardian 94
312	312	or conservator from providing notice to the interested 95
313	313	person. 96
314	314	9. Any notification pursuant to subdivision (5) of 97
315	315	subsection 8 of this section shall be made in person or by 98
316	316	telephone. 99 SB 932 11
317	317	10. As used in this section, the terms "communication" 100
318	318	and "visitation" includes receiving visitors, telephone 101
319	319	calls, and personal mail. 102
320	320	