Missouri Revised Statutes
Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney
Section 404.410 - Definitions.

Effective - 28 Aug 1989
404.410. Definitions. — As used in sections 404.400 to 404.660, unless the context otherwise requires, the following terms shall mean:
(1) "Adult", an individual who has attained the age of eighteen years, notwithstanding that an adult may be of a different age under sections 404.005 to 404.094, the Missouri transfers to minors law;
(2) "Beneficiary", a person for whom property has been transferred to a personal custodian under sections 404.400 to 404.650 for the beneficiary's use and benefit;
(3) "Benefit plan", any plan, contract, trust or account for the benefit of employees, partners, members of an organization or an individual, in which a person may designate a beneficiary for a plan benefit. The term "benefit plan" is also used to refer to the fiduciary administering the plan;
(4) "Broker", a person lawfully engaged in the business of effecting transactions in securities or commodities for the broker's own account or the account of others;
(5) "Conservator", a person appointed or qualified by a court to have care and custody of the estate of a disabled or incapacitated person, whether denominated as general, limited or temporary conservator, or a person legally authorized to perform substantially the same functions;
(6) "Court", the circuit court, including the probate division of the circuit court;
(7) "Custodial property", all property belonging to a beneficiary in the possession and control of a personal custodian under sections 404.400 to 404.650, and includes the income and proceeds of that property;
(8) "Donor", a transferor who makes a present or future gift of property to a beneficiary by a transfer under sections 404.400 to 404.650 and includes a person who holds a power of appointment to make a gift of the donor's property in a similar manner;
(9) "Financial institution", a bank, trust company, savings and loan company or association, or credit union chartered and supervised under state or federal law;
(10) "Guardian", a person appointed or qualified by a court to have care and custody of the person of an incapacitated person, whether denominated as general, limited or temporary guardian, or a person legally authorized to perform substantially the same functions;
(11) "Incapacitated person", a person who is wholly or partially unable by reason of any physical or mental condition to receive and evaluate information or to communicate decisions to such an extent that the person lacks ability or capacity to manage his financial resources and is a disabled or incapacitated person as defined in section 475.010;
(12) "Legal representative", a decedent's personal representative, the guardian of a person or the conservator of the estate of a person;
(13) "Member of the beneficiary's family", the beneficiary's parent, grandparent, uncle, aunt, brother, sister, son, daughter, grandson, granddaughter and their descendants, whether of the whole blood or the half blood, or by adoption, and the beneficiary's spouse, stepparent and stepchild;
(14) "Person", an individual, corporation, organization, or other legal entity;
(15) "Personal custodian", a person so designated in a manner prescribed in sections 404.400 to 404.650 and includes a substitute personal custodian and successor personal custodian;
(16) "Personal representative", an executor, administrator, successor personal representative, independent personal representative or special administrator of a decedent's estate, whether court appointed or qualified, or a person legally authorized to perform substantially the same functions;
(17) "Property", any present or future interest in property, real or personal, tangible or intangible, legal or equitable and includes the income and proceeds of that interest in property;
(18) "State", any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States;
(19) "Transferor", a person who transfers property to a beneficiary under sections 404.400 to 404.650.
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(L. 1986 S.B. 651 § 1, A.L. 1989 H.B. 145)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXVI - Trade and Commerce

Chapter 404 - Transfers to Minors — Personal Custodian and Durable Power of Attorney

Section 404.005 - Law, how cited.

Section 404.007 - Definitions.

Section 404.011 - Transfer of property to a minor by transferring to a custodian, effect — power limitations.

Section 404.014 - Present transfer of property, effect.

Section 404.016 - Future transfers of property are revocable by donor, exception.

Section 404.018 - Custodian and third persons dealing with custodian, powers, duties, immunities.

Section 404.021 - Single custodianship — but custodian may serve more than one minor.

Section 404.023 - Custodians for present transfers of property, who may serve.

Section 404.027 - Custodians for future transfers, who may serve — lapse of custodianship, effect — substitute custodians, power to designate — revocation.

Section 404.031 - Custodian if no appointed conservator, who may serve — approval of court required when — bond required when — court's powers.

Section 404.035 - Qualifications of custodians — transfers to persons not qualified, effect.

Section 404.041 - Additional property of minor transferred to custodian, when — guardian or conservator appointed by court may serve as custodian, when — custodian's rights in other property of minor.

Section 404.047 - Transfer of property to custodian, procedure, forms — receipt for delivery of property deemed a release.

Section 404.049 - Custodial trusts, transfer of property, how — legal title, beneficial title, held how — laws applicable to.

Section 404.051 - Powers of custodian, limitation — termination of custodianship, when, procedure — degree of care required for custodial property.

Section 404.054 - Compensation and expenses of custodian — bond required, when — custodian's claims not lien on custodial property.

Section 404.057 - Successor custodian designation on renunciation, resignation, death, incapacity, nonresident minor or removal of custodian.

Section 404.061 - Exemption of third person from liability.

Section 404.067 - Liability to third persons.

Section 404.071 - Accounting by and determination of liability of custodian — time limitations for minor bringing action.

Section 404.077 - Effect on prior existing custodianship.

Section 404.081 - Uniformity of application and construction — not to be exclusive method of transferring property to a minor.

Section 404.087 - Repeal of uniform gifts to minors not to affect transfers — use of word custodian, how defined.

Section 404.091 - Jurisdiction for transfers to minors and custodianship to be probate division of circuit court, procedure — appointment of guardian or conservator, court may specify duties.

Section 404.093 - Conflicts of interest — guardian or conservator ad litem appointed, when, compensation.

Section 404.094 - Law of Missouri to apply, when — other state's laws applicable, when.

Section 404.400 - Law, how cited.

Section 404.410 - Definitions.

Section 404.420 - Personal custodian established by adult beneficiary — who may serve — revocation — effect — powers, duties and immunities of custodian — single custodian may serve more than one beneficiary.

Section 404.430 - Incapacitation of beneficiaries, effect on powers and duties of custodian — immunities of third parties.

Section 404.440 - Transfer of property to personal custodian for incapacitated beneficiary — effect — powers, duties, and immunities of custodian — single custodian may serve more than one beneficiary.

Section 404.450 - Present transfer, effect.

Section 404.460 - Future transfers of property revocable by donor, exception.

Section 404.470 - Custodian designation by donor on present transfer, who may serve.

Section 404.480 - Custodian designation by donor for future transfer, who may serve — lapse of custodianship, effect — substitute custodians, power to designate — revocation.

Section 404.490 - Custodian designation by person indebted to beneficiary, who may serve — court approval required, court's powers.

Section 404.500 - Acceptance of additional property by custodian, court approval required, court's powers.

Section 404.510 - Court's designation of custodian, when — who may serve, court's powers.

Section 404.520 - Custodian's rights in other property of beneficiary.

Section 404.530 - Qualifications of personal custodians, transfer to person not qualified, effect.

Section 404.540 - Transfer of property to custodian, procedure, forms — receipt for delivery of property deemed a release.

Section 404.545 - Custodial trusts, transfer of property, how — legal title, beneficial title, held how — laws applicable to.

Section 404.550 - Duties and powers of personal custodian, directions of beneficiary, court's powers, contract with beneficiary.

Section 404.560 - Termination of custodianship, demand of or at death of beneficiary — TOD agreement with personal custodian absent a will, payment of claims, distribution.

Section 404.565 - Multiple beneficiaries of custodial property, administered, how — termination of custodianship, death of beneficiaries, effect.

Section 404.570 - Rights of creditors, surviving spouse and unmarried minor children — action for accounting by distributee of nonprobate transfer.

Section 404.580 - Compensation and expenses of custodian — bond required, when — custodian's claims not lien on custodial property.

Section 404.590 - Successor custodian designation on renunciation, resignation, death, incapacity or removal of custodian.

Section 404.600 - Exemption of third person from liability.

Section 404.610 - Liability to third persons.

Section 404.620 - Accounting by custodian, approval by court, waiver — determination of liability of custodian — time limitations for beneficiary to bring actions.

Section 404.630 - Uniformity of application and construction — not to be exclusive method of transferring property to an incapacitated person.

Section 404.640 - Jurisdiction for transfers to personal custodianship.

Section 404.648 - Conflicts of interest — guardian or conservator ad litem appointed, when, compensation.

Section 404.650 - Law of Missouri to apply, when — other state's laws applicable, when.

Section 404.700 - Law, how cited.

Section 404.703 - Definitions.

Section 404.705 - Durable power of attorney, procedure to create, requirements, effect, recording not required, exception — person appointed has no duty to exercise authority conferred, exception.

Section 404.707 - Principal may appoint multiple attorneys in fact — authority may be joint or several — qualifications — persons disqualified.

Section 404.710 - Power of attorney with general powers.

Section 404.712 - Name in which acts are performed and property held — property and accounts of principal to be kept separate — how identified.

Section 404.714 - Duties of attorney in fact.

Section 404.717 - Modification and termination of power of attorney — liability between principal and attorney in fact.

Section 404.719 - Exemption of third persons from liability.

Section 404.721 - Liability as between principal and third person.

Section 404.723 - Delegation of powers, successor attorneys in fact — court's powers, appointments for incapacitated or disabled persons.

Section 404.725 - Compensation of attorney in fact.

Section 404.727 - Accounting, determination of disability, modification and termination, limitation or removal of attorney in fact and limitations for principal to bring actions.

Section 404.730 - Scope and application of law — application of law to nondurable powers of attorney.

Section 404.731 - Jurisdiction of probate division of circuit court — guardian or conservator ad litem appointed, when.

Section 404.735 - Repeal of sections 486.550 to 486.595 does not affect validity of existing durable powers of attorney.

Section 404.737 - Exceptions to amendments of durable power of attorney law enacted in 1997.

Section 404.800 - Short title.

Section 404.805 - Definitions.

Section 404.810 - Applicability of general law.

Section 404.815 - Physician, health care facility, not to serve as attorney in fact — exceptions.

Section 404.820 - Withdrawing or withholding treatment, specific authority required — restrictions.

Section 404.822 - Health care decisions, attorney in fact to consider medical diagnosis.

Section 404.825 - Examination of patient required, content.

Section 404.830 - Physician, health care facility, may refuse decision of attorney in fact, when — transfer from facility allowed.

Section 404.835 - Execution of durable power of attorney not to be required.

Section 404.840 - Medical records to include durable power of attorney, when — effect.

Section 404.845 - Death resulting from withholding treatment, not to be suicide or homicide, when.

Section 404.847 - Prior durable power of attorney remains valid, when.

Section 404.850 - Revocation, procedure, effect.

Section 404.855 - Liability, immunity from, when.

Section 404.865 - Delegation of decision-making authority by attorney in fact prohibited, when.

Section 404.870 - Handicapped or disabled, discrimination against not allowed.

Section 404.872 - Refusal to honor health care decision, discrimination prohibited, when.