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

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

404.648. 1. Notwithstanding any other provision of law, ifit is suggested in a petition filed by the beneficiary, acreditor, a person interested in the welfare of the beneficiary,or other interested person, including a member of thebeneficiary's family who may have a property right or claimagainst or an expectancy, reversionary or other interest in theestate of the beneficiary, or if it affirmatively appears to thecourt that the beneficiary is disabled or incapacitated and thereis a possible conflict of interest between the beneficiary andthe personal custodian or a custodial trustee, the court mayappoint a guardian or conservator ad litem to represent thebeneficiary in any proceeding to adjudicate any right affected bythe possible conflict of interest. The guardian or conservatorad litem shall have only such authority as is provided in theorder of appointment and shall serve until discharged by thecourt.

2. If a court appoints a guardian or conservator ad litemfor the beneficiary, the court may, by order entered in theproceeding, provide reasonable compensation and reimbursement forexpenses for the guardian or conservator ad litem and, inappropriate cases, allow the payment out of the custodialproperty of the beneficiary or enter a judgment for the amount ascosts against some other person who is a party to the proceedingand whose conduct is determined by the court as giving rise tothe necessity for the appointment of the guardian or conservatorad litem.

(L. 1989 H.B. 145)