404.093. Conflicts of interest--guardian or conservator ad litem appointed, when, compensation. - Missouri Statutes

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

404.093. 1. Notwithstanding any other provision of law, ifit is suggested in a petition filed by the minor, a creditor, aperson interested in the welfare of the minor, or otherinterested person, including a member of the minor's family whomay have a property right or claim against or an expectancy,reversionary or other interest in the estate of the minor, or ifit affirmatively appears to the court that there is a possibleconflict of interest between the minor and the custodian, thecourt may appoint a guardian or conservator ad litem torepresent the minor in any proceeding to adjudicate any rightaffected by the possible conflict of interest. The guardian orconservator ad litem shall have only such authority as isprovided in the order of appointment and shall serve untildischarged by the court.

2. If a court appoints a guardian or conservator ad litemfor the minor, the court may, by order entered in theproceeding, provide reasonable compensation and reimbursementfor expenses for the guardian or conservator ad litem and, inappropriate cases, allow the payment out of the custodial estateof the minor or enter a judgment for the amount as costs againstsome other person who is a party to the proceeding and whoseconduct is determined by the court as giving rise to thenecessity for the appointment of the guardian or conservator adlitem.

(L. 1989 H.B. 145)