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

Jurisdiction of probate division of circuit court--guardian orconservator ad litem appointed, when.

404.731. 1. The probate division of the circuit court mayhear and determine all matters pertaining to acts andtransactions of an attorney in fact performed or undertaken undera power of attorney on behalf of a principal who is disabled orincapacitated, or who has become deceased.

2. The provisions of chapter 472, RSMo, apply to judicialproceedings involving powers of attorney to the extent that theyapply to judicial proceedings involving trusts and are notinconsistent with sections 404.700 to 404.735.

3. If the probate division of the circuit court appoints aguardian or conservator for a principal who has appointed anattorney in fact under a durable power of attorney, after noticeand hearing, the court may specify in an order the powers, dutiesand responsibilities of the principal's legal representative andany attorney in fact appointed under a durable power of attorneyand the manner in which they shall coordinate the exercise oftheir respective powers and duties for and on behalf of theprincipal.

4. Upon filing of a petition under sections 404.700 to404.735, the court shall issue an order to such persons andreturnable on such notice as the court may require, to show causewhy the relief prayed for in the petition should not be grantedand, in due course, shall proceed to grant such relief as thecourt finds to be in the best interest of the principal.

5. Notwithstanding any other provision of law, if it issuggested in a petition filed by the principal, a creditor, aperson interested in the welfare of the principal, or otherinterested person, including a member of the principal's familywho may have a property right or claim against or an expectancy,reversionary or other interest in the estate of the principal, orif it affirmatively appears to the court that the principal isdisabled or incapacitated and there is a possible conflict ofinterest between the principal and the attorney in fact, thecourt may appoint a guardian or conservator ad litem to representthe principal in any proceeding to adjudicate any right affectedby 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.

6. If a court appoints a guardian or conservator ad litemfor the principal, 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 estate of theprincipal 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 § 15)