472.170. Appeals from orders as to mental condition--procedure--operates as supersedeas, when--appointment of guardian--review. - Missouri Statutes

Appeals from orders as to mental condition--procedure--operates assupersedeas, when--appointment of guardian--review.

472.170. 1. Appeals shall be allowed from the probatedivision of the circuit court to the appropriate appellate courtin any case in which a final adjudication in an investigation ofthe mental condition of any person alleged to be disabled,incapacitated, or mentally ill has been made. The appeal may bemade by the petitioner who applied for such adjudication, or bythe person alleged to be disabled, incapacitated, or mentallyill, or by any relative of such person, or by any reputablecitizen of the county in which the hearing occurred, or by anattorney for any of the foregoing persons. Such an appeal shallnot operate as a supersedeas pending the determination of suchappeal of any such adjudication or any order or judgment of theprobate division based upon such adjudication except to theextent it is specifically provided by the probate division in anorder entered at the time of or after the notice of appeal hasbeen filed. The probate division shall in such order allowsupersedeas of any order or judgment of commitment or confinementof such person unless it is found that such person by reason ofhis mental condition is so far disordered in his mind as toendanger his own person or the person or property of others; andthe probate division may, in its discretion, allow supersedeas ofsuch adjudication and other orders and judgments of the probatedivision based thereon, in whole or in part.

2. If the probate division of the circuit court finds thatthe alleged disabled person is incapable of managing his affairsand refuses to allow supersedeas, the probate division of thecircuit court may appoint a guardian ad litem to collect,protect, and preserve the alleged disabled person's assets and,on order of the circuit court, disburse funds for the necessarysupport and maintenance of the alleged disabled person and thosemembers of his family who are dependent upon him. Theappointment of the guardian ad litem as well as the decision ofthe probate division of the circuit court as to supersedeas maybe reviewed by the appellate court on motion by an interestedparty at any time after the notice of appeal has been filed.

(RSMo 1939 § 284, A.L. 1955 p. 385 § 18, A.L. 1965 p. 632, A.L. 1978 H.B. 1634, A.L. 1980 S.B. 637, A.L. 1983 S.B. 44 & 45)

Prior revision: 1929 § 285