Missouri Revised Statutes













Chapter 475

Probate Code--Guardianship

←475.046

Section 475.050.1

475.055→

August 28, 2015

Who may be appointed guardian or conservator of disabled or incapacitated persons.

475.050. 1. Before appointing any other eligible person as guardian of

an incapacitated person, or conservator of a disabled person, the court shall

consider the suitability of appointing any of the following persons who

appear to be willing to serve:



(1) If the incapacitated or disabled person is, at the time of the

hearing, able to make and communicate a reasonable choice, any eligible

person nominated by the person;



(2) Any eligible person nominated in a durable power of attorney executed

by the incapacitated or disabled person, or in an instrument in writing

signed by the incapacitated or disabled person and by two witnesses who

signed at the incapacitated or disabled person's request, before the

inception of the person's incapacity or disability, at a time within five

years before the hearing when the person was able to make and communicate a

reasonable choice;



(3) The spouse, parents, adult children, adult brothers and sisters and

other close adult relatives of the incapacitated or disabled person;



(4) Any other eligible person or, with respect to the estate only, any

eligible organization or corporation, nominated in a duly probated will of

such a spouse or relative executed within five years before the hearing.



2. Except for good cause shown, the court shall make its appointment in

accordance with the incapacitated or disabled person's most recent valid

nomination of an eligible person qualified to serve as guardian of the person

or conservator of the estate. In the event there is not brought to the

attention of the court any such valid nomination executed within five years

before the hearing, then the court shall give consideration to the most recent

valid nomination brought to its attention, but the court shall not be

required to follow such nomination.



(L. 1983 S.B. 44 & 45, A.L. 1989 H.B. 145, A.L. 1994 S.B. 734, A.L.

1996 S.B. 719)



*No continuity with § 475.050 as repealed by L. 1983 S.B. 44 & 45.







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