Effective - 28 Aug 1989
404.731. Jurisdiction of probate division of circuit court — guardian or conservator ad litem appointed, when. — 1. The probate division of the circuit court may hear and determine all matters pertaining to acts and transactions of an attorney in fact performed or undertaken under a power of attorney on behalf of a principal who is disabled or incapacitated, or who has become deceased.
2. The provisions of chapter 472 apply to judicial proceedings involving powers of attorney to the extent that they apply to judicial proceedings involving trusts and are not inconsistent with sections 404.700 to 404.735.
3. If the probate division of the circuit court appoints a guardian or conservator for a principal who has appointed an attorney in fact under a durable power of attorney, after notice and hearing, the court may specify in an order the powers, duties and responsibilities of the principal's legal representative and any attorney in fact appointed under a durable power of attorney and the manner in which they shall coordinate the exercise of their respective powers and duties for and on behalf of the principal.
4. Upon filing of a petition under sections 404.700 to 404.735, the court shall issue an order to such persons and returnable on such notice as the court may require, to show cause why the relief prayed for in the petition should not be granted and, in due course, shall proceed to grant such relief as the court finds to be in the best interest of the principal.
5. Notwithstanding any other provision of law, if it is suggested in a petition filed by the principal, a creditor, a person interested in the welfare of the principal, or other interested person, including a member of the principal's family who may have a property right or claim against or an expectancy, reversionary or other interest in the estate of the principal, or if it affirmatively appears to the court that the principal is disabled or incapacitated and there is a possible conflict of interest between the principal and the attorney in fact, the court may appoint a guardian or conservator ad litem to represent the principal in any proceeding to adjudicate any right affected by the possible conflict of interest. The guardian or conservator ad litem shall have only such authority as is provided in the order of appointment and shall serve until discharged by the court.
6. If a court appoints a guardian or conservator ad litem for the principal, the court may, by order entered in the proceeding, provide reasonable compensation and reimbursement for expenses for the guardian or conservator ad litem and, in appropriate cases, allow the payment out of the estate of the principal or enter a judgment for the amount as costs against some other person who is a party to the proceeding and whose conduct is determined by the court as giving rise to the necessity for the appointment of the guardian or conservator ad litem.
--------
(L. 1989 H.B. 145 § 15)
Structure 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 404.014 - 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 404.035 - Qualifications of custodians — transfers to persons not qualified, effect.
Section 404.061 - Exemption of third person from liability.
Section 404.067 - Liability to third persons.
Section 404.077 - Effect on prior existing custodianship.
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 404.450 - 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 404.510 - 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 404.600 - Exemption of third person from liability.
Section 404.610 - Liability to third persons.
Section 404.640 - Jurisdiction for transfers to personal custodianship.
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 404.710 - Power of attorney with general powers.
Section 404.714 - Duties of attorney in fact.
Section 404.719 - Exemption of third persons from liability.
Section 404.721 - Liability as between principal and third person.
Section 404.725 - Compensation of attorney in fact.
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 404.835 - 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.