Missouri Revised Statutes
Chapter 475 - Probate Code — Guardianship
Section 475.355 - Temporary emergency detention.

Effective - 28 Aug 2018, 3 histories
475.355. Temporary emergency detention. — 1. If, upon the filing of a petition for the adjudication of incapacity or disability it appears that the respondent, by reason of a mental disorder or intellectual disability or developmental disability, presents a likelihood of serious physical harm to the respondent or others, the respondent may be detained in accordance with the provisions of chapter 632 if suffering from a mental disorder, or chapter 633 if the respondent has an intellectual or developmental disability, pending a hearing on the petition for adjudication.
2. As used in this section, the terms "mental disorder" and "intellectual disability" or "developmental disability" shall be as defined in chapter 630 and the term "likelihood of serious physical harm to the respondent or others" shall be as the term "likelihood of serious harm" is defined in chapter 632.
3. The procedure for obtaining an order of temporary emergency detention shall be as prescribed by chapter 632, relating to prehearing detention of mentally disordered persons.
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(RSMo 1939 §§ 498, 499, A.L. 1955 p. 385 § 352, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 2011 H.B. 555 merged with H.B. 648, A.L. 2014 H.B. 1064, A.L. 2018 S.B. 806)
Prior revisions: 1929 §§ 499, 500; 1919 §§ 494, 495; 1909 §§ 524, 525

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXXI - Trusts and Estates of Decedents and Persons Under Disability

Chapter 475 - Probate Code — Guardianship

Section 475.010 - Definitions.

Section 475.011 - Preference for spiritual healing not evidence of incapacity.

Section 475.015 - Relationship of guardianship provisions to uniform veterans' guardianship law — powers of Veterans' Administration.

Section 475.016 - Persons adjudged incompetent prior to September 28, 1983 — review — effect on prior appointed guardians — one year to meet new reporting requirements.

Section 475.020 - Applicability of provisions of probate code to guardianship.

Section 475.025 - Rights of parents as natural guardians of minors.

Section 475.030 - Letters of guardianship and conservatorship issued, when.

Section 475.035 - Venue.

Section 475.040 - Change of venue.

Section 475.045 - Who may be appointed guardian of minor.

Section 475.046 - Standby guardian permitted, when — appointment procedure — authority effective, when.

Section 475.050 - Appointment of guardian or conservator of disabled or incapacitated persons — order of priority.

Section 475.055 - Qualifications of guardians or conservators.

Section 475.060 - Application for guardianship — petition for guardianship requirements — incapacitated persons, petition requirements.

Section 475.061 - Application for conservatorship — may combine with petition for guardian of person.

Section 475.062 - Procedures for petition for appointment of conservator.

Section 475.065 - Single guardianship or conservatorship for two or more persons.

Section 475.070 - Notice of petition for appointment of guardian or conservator for a minor — service on parents of minor not required, when.

Section 475.075 - Hearing on capacity or disability — notice — service — contents of petition, appointment of attorney — examination of respondent, when — burden of proof — rights of respondent — factors court to consider.

Section 475.077 - Judgment of incapacity or disability set aside, when.

Section 475.078 - Effect of adjudication.

Section 475.079 - Order appointing guardian or conservator.

Section 475.080 - Appointment of limited guardian or conservator.

Section 475.081 - Persons having disappeared, absent from country, or forcibly detained, to be partially disabled, limited conservator appointed — procedure — termination, when.

Section 475.082 - Review of status of persons under guardianship or conservatorship — required report, content.

Section 475.083 - Termination of guardianship or conservatorship, when.

Section 475.084 - Visitation, parent may petition for, when.

Section 475.085 - Cost of proceedings as to disability or incapacity.

Section 475.091 - Court's powers, estates or affairs of minors or disabled persons.

Section 475.092 - Protective arrangements and single transactions, court's powers — limitation of trustee's liability.

Section 475.093 - Court may authorize participation in family trust.

Section 475.094 - Conservator, authorized exercise of powers.

Section 475.095 - Conservator of the estate of nonresident minors and disabled persons.

Section 475.097 - Conservator or guardian ad litem — conflicts of interest, removal.

Section 475.100 - Bond of conservator of estate of minor or disabled person.

Section 475.105 - Letters of guardianship or conservatorship — form.

Section 475.110 - Removal of guardian or conservator — incapacitated or disabled person, continuation of guardianship after dissolution of marriage, when.

Section 475.115 - Appointment of successor guardian or conservator — transfer of case, procedure.

Section 475.120 - General powers and duties of guardian of the person — social service agency acting on behalf of ward, requirements — preneed funeral contract permitted, when.

Section 475.121 - Admission to mental health or developmental disability facilities.

Section 475.123 - Medical and surgical procedures — consent — emergency.

Section 475.125 - Support and education of protectee and dependents.

Section 475.130 - General duties and powers of conservator of estate.

Section 475.132 - Individual liability of conservator.

Section 475.134 - Protection of persons dealing with conservator.

Section 475.140 - Notice of conservatorship of disabled persons.

Section 475.145 - Inventory and appraisement.

Section 475.150 - Appraisement not required, when.

Section 475.155 - Continuation of business.

Section 475.160 - Assets of protectee, action to obtain, procedure.

Section 475.190 - Investment of liquid assets of estate of protectee — reports.

Section 475.200 - Purposes for which property may be sold — petition, examination, order.

Section 475.205 - Claims against estate — procedure.

Section 475.210 - Filing of notice of pendency of action in other court against conservator, effect — disabled persons, application of law.

Section 475.211 - Claims against minors or protectees, classification.

Section 475.213 - Payment of claims according to priority.

Section 475.230 - Sales of real estate, how made — notice required.

Section 475.235 - Order of sale, contents.

Section 475.240 - Report and approval of sale.

Section 475.245 - Deeds by conservator or successor, acknowledgment, evidentiary effect — sheriff of county to sign deed, when.

Section 475.250 - Effect of conveyance.

Section 475.255 - Receipts and acknowledgments of conservators, effect.

Section 475.260 - Actions against protectee, process, enforcement of judgments.

Section 475.265 - Compensation of guardians and conservators.

Section 475.270 - Annual settlements required, when, exception — information required.

Section 475.275 - Verification of securities held by conservator — pooled accounts, defined, restrictions on — audit of pooled accounts, when.

Section 475.276 - Order waiving settlement, when.

Section 475.280 - Settlement and report dockets — notice to conservators and guardians.

Section 475.290 - Final settlement required, when — notice.

Section 475.295 - Death of conservator, personal representative to make settlement — waived when.

Section 475.300 - Order for payment to protectee of amount due.

Section 475.305 - Enforcement of order of payment.

Section 475.310 - Estate delivered by resident conservator to foreign guardian or conservator, when.

Section 475.315 - Receipt by protectee, successor or others, discharge.

Section 475.320 - Death of protectee, distribution of estate — administration, when.

Section 475.322 - Use of multiple-party accounts and joint property.

Section 475.325 - Escheat of minor's estate, when.

Section 475.330 - Conservatorship dispensed with, when.

Section 475.335 - Payment and delivery to foreign guardian or conservator.

Section 475.336 - Effect of filing letters of foreign guardian or curator.

Section 475.337 - Jurisdiction by act of foreign guardian or conservator.

Section 475.338 - Service on foreign guardian or conservator.

Section 475.339 - Nonresident domiciliary guardian or conservator.

Section 475.340 - Mortgage or sale of real estate of ward by nonresident conservator.

Section 475.341 - Voidable transactions, exceptions.

Section 475.342 - Estate property, conservator's duties.

Section 475.343 - Personal financial resources, guardian not obligated to use — court order for ward's admission to mental health facility — authorized acts of social service agencies.

Section 475.345 - Transactions of protectees voidable, when.

Section 475.350 - Incapacitated public officer, proceedings.

Section 475.355 - Temporary emergency detention.

Section 475.357 - Child custody and visitation, probate courts to have jurisdiction, when.

Section 475.361 - Wards, rights of.

Section 475.370 - Exhaustion of estate.

Section 475.380 - Definitions.

Section 475.385 - Administrator as party in interest.

Section 475.390 - When guardian appointed.

Section 475.395 - Number of wards limited.

Section 475.400 - Petition for appointment of guardian.

Section 475.405 - Proof of necessity for appointment — minority.

Section 475.410 - Proof of necessity for appointment — incompetency.

Section 475.415 - Notice of petition for appointment.

Section 475.420 - Qualifications and bond of guardian.

Section 475.425 - Filing of accounts — notice of hearing.

Section 475.430 - Removal for failure to file accounts.

Section 475.435 - Compensation of guardian.

Section 475.440 - Investment of funds.

Section 475.445 - Application of funds.

Section 475.450 - Purchase of home for ward.

Section 475.455 - Discharge of guardian and release of sureties.

Section 475.460 - Commitment to Veterans Administration or other United States agency.

Section 475.465 - Construction and application.

Section 475.470 - Short title.

Section 475.475 - Other laws as applicable.

Section 475.480 - Application of provisions relating to surety bonds and administration of estates of wards.

Section 475.501 - Short title.

Section 475.502 - Definitions.

Section 475.503 - International application of act.

Section 475.504 - Communication between courts.

Section 475.505 - Cooperation between courts.

Section 475.506 - Taking testimony in another state.

Section 475.521 - Definitions — significant connection factors.

Section 475.522 - Exclusive basis.

Section 475.523 - Jurisdiction.

Section 475.524 - Special jurisdiction.

Section 475.525 - Exclusive and continuing jurisdiction.

Section 475.526 - Appropriate forum.

Section 475.527 - Jurisdiction declined by reason of conduct.

Section 475.528 - Notice of proceeding.

Section 475.529 - Proceedings in more than one state.

Section 475.531 - Transfer of guardianship or conservatorship to another state.

Section 475.532 - Accepting guardianship or conservatorship transferred from another state.

Section 475.541 - Registration of guardianship orders.

Section 475.542 - Registration of protective orders.

Section 475.543 - Effect of registration.

Section 475.544 - State law applicability.

Section 475.551 - Uniformity of application and construction.

Section 475.552 - Relation to Electronic Signatures in Global and National Commerce Act.

Section 475.555 - Effective date.

Section 475.600 - Citation of law.

Section 475.602 - Delegation to attorney-in-fact, powers — revocation or withdrawal — requirements of delegation.

Section 475.604 - Delegation form, contents.