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The choice of an attorney is an important decision and is not to be made solely on the basis of advertising. Accessing or the use of this website does not create an attorney-client relationship with Case & Rajnoha. Confidential or time
sensitive information should not be sent through the use of this website. This website is intended to provide the reader with a general understanding about select legal topics, not to provide legal advice or opinion. You should consult with
an attorney before using any information contained on this site.
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West County Family Law
1190 Meramec Station Rd.
First Bank Bldg., Suite 203
Ballwin, MO 63021
636-861-1111
636-861-1127 fax
www.westcountyfamilylaw.com
1190 Meramec Station Rd.
First Bank Bldg., Suite 203
Ballwin, MO 63021
636-861-1111
636-861-1127 fax
www.westcountyfamilylaw.com
Contact West County Family Law online or call us at 636-861-1111 to schedule your initial consultation with one of our attorneys
so that you can learn more about your rights and options.
so that you can learn more about your rights and options.
West County Family Law
CALL FOR YOUR FREE TELEPHONE CONSULTATION 636-861-1111 |
West County Family Law
Ballwin, Mo. Office
Ballwin, Mo. Office
Experienced Service and Legal Counsel
Our goal at West County Family Law is to provide the highest quality of experience, service and legal counsel. With more than 65 years of
experience, attorneys Case & Rajnoha are capable of handling many types of legal matters. Founded in 1975, West County Family Law's
trademark has been prompt, personal attention. Our success has been our dedication to our clients and protecting their best interests and
rights. Our clients deserve to be well-represented, with quality legal services provided by a dedicated team of attorneys and paralegals. We
pride ourselves in our personal service by making sure we are available for our client throughout the legal process.
We're Here to Help You
We seek to help you through the legal problem confronting you. The first step is an easy one: call us for a free telephone consultation at
(636) 861-1111 to speak with our Ballwin family and criminal law attorneys. You can also contact us online. We accept Visa and MasterCard.
West County Family Law is located in Ballwin, Missouri, and serves the cities of St. Louis, Chesterfield, Fenton, Valley Park, Clayton, Creve
Coeur, Kirkwood, Des Peres, Webster Groves, Manchester, Eureka, Hillsboro, Maryland Heights, Town and Country, Ellisville, Frontenac,
Wildwood, Ladue and Crestwood. We also serve other communities in St. Louis County, Jefferson County, St. Charles County, West County
and South County.
West County Family Law Conservatorship Attorneys
Joel Case & Sally Rajnoha
Joel Case & Sally Rajnoha
| West County Family Law |
Missouri Revised Statutes
Chapter 475
Probate Code--Conservatorship
August 28, 2016
Definitions.
475.010. When used in this chapter, unless otherwise apparent from the context, the following terms mean:
(1) "Adult", a person who has reached the age of eighteen years;
(2) "Claims", liabilities of the protectee arising in contract, in tort or otherwise, before or after the appointment of a conservator, and liabilities
of the estate which arise at or after the adjudication of disability or after the appointment of a conservator of the estate, including expenses of
the adjudication and of administration. The term does not include demands or disputes regarding title of the protectee to specific assets
alleged to be included in the estate;
(3) "Conservator", one appointed by a court to have the care and custody of the estate of a minor or a disabled person. A
"limited conservator" is one whose duties or powers are limited. The term "conservator", as used in this chapter, includes
limited conservator unless otherwise specified or apparent from the context;
(4) "Custodial parent", the parent of a minor who has been awarded sole or joint physical custody of such minor, or the parent of an
incapacitated person who has been appointed as guardian of such person, by an order or judgment of a court of this state or of another state
or territory of the United States, or if there is no such order or judgment, the parent with whom the minor or incapacitated person primarily
resides;
(5) "Disabled" or "disabled person", one who is:
(a) Unable by reason of any physical or mental condition to receive and evaluate information or to communicate decisions to such an extent
that the person lacks ability to manage his financial resources; or
(b) The term "disabled" or "disabled person", as used in this chapter includes the terms partially disabled or partially disabled person unless
otherwise specified or apparent from the context;
(6) "Eligible person" or "qualified person", a natural person, social service agency, corporation or national or state banking organization
qualified to act as guardian of the person or conservator of the estate pursuant to the provisions of section 475.055;
(7) "Guardian", one appointed by a court to have the care and custody of the person of a minor or of an incapacitated person. A "limited
guardian" is one whose duties or powers are limited. A "standby guardian" is one approved by the court to temporarily assume the duties of
guardian of a minor or of an incapacitated person under section 475.046. The term "guardian", as used in this chapter, includes limited
guardian and standby guardian unless otherwise specified or apparent from the context;
(8) "Guardian ad litem", one appointed by a court, in which particular litigation is pending, to represent a minor, an incapacitated person, a
disabled person, or an unborn person in that particular proceeding or as otherwise specified in this code;
(9) "Habilitation", instruction, training, guidance or treatment designed to enable and encourage a intellectually disabled or developmentally
disabled person as defined in chapter 630 to acquire and maintain those life skills needed to cope more effectively with the demands of his or
her own person and of his or her environment;
(10) "Incapacitated person", one who is unable by reason of any physical or mental condition to receive and evaluate information or to
communicate decisions to such an extent that he or she lacks capacity to meet essential requirements for food, clothing, shelter, safety or
other care such that serious physical injury, illness, or disease is likely to occur. The term "incapacitated person" as used in this chapter
includes the term partially incapacitated person unless otherwise specified or apparent from the context;
(11) "Least restrictive environment", that there shall be imposed on the personal liberty of the ward only such restraint as is necessary to
prevent the ward from injuring himself or herself and others and to provide the ward with such care, habilitation and treatment as are
appropriate for the ward considering his or her physical and mental condition and financial means;
(12) "Manage financial resources", either those actions necessary to obtain, administer, and dispose of real and personal property, intangible
property, business property, benefits, income or any assets, or those actions necessary to prevent waste, loss or dissipation of property, or
those actions necessary to provide for the care and support of such person or anyone legally dependent upon such person by a person of
ordinary skills and intelligence commensurate with his or her training and education;
(13) "Minor", any person who is under the age of eighteen years;
(14) "Parent", the biological or adoptive mother or father of a child whose parental rights have not been terminated under chapter 211,
including:
(a) A person registered as the father of the child by reason of an unrevoked notice of intent to claim paternity under section 192.016;
(b) A person who has acknowledged paternity of the child and has not rescinded that acknowledgment under section 193.215; and
(c) A person presumed to be the natural father of the child under section 210.822;
(15) "Partially disabled person", one who is unable by reason of any physical or mental condition to receive and evaluate information or to
communicate decisions to such an extent that such person lacks capacity to manage, in part, his or her financial resources;
(16) "Partially incapacitated person", one who is unable by reason of any physical or mental condition to receive and evaluate information or
to communicate decisions to the extent that such person lacks capacity to meet, in part, essential requirements for food, clothing, shelter,
safety, or other care without court-ordered assistance;
(17) "Protectee", a person for whose estate a conservator or limited conservator has been appointed or with respect to whose estate a
transaction has been authorized by the court under section 475.092 without appointment of a conservator or limited conservator;
(18) "Seriously ill", a significant likelihood that a person will become incapacitated or die within twelve months;
(19) "Social service agency", a charitable organization organized and incorporated as a not-for-profit corporation under the laws of this state
and which qualifies as an exempt organization within the meaning of Section 501(c)(3), or any successor provision thereto of the federal
Internal Revenue Code;
(20) "Standby guardian", one who is authorized to have the temporary care and custody of the person of a minor or of an incapacitated
person under the provisions of section 475.046;
(21) "Treatment", the prevention, amelioration or cure of a person's physical and mental illnesses or incapacities;
(22) "Ward", a minor or an incapacitated person for whom a guardian, limited guardian, or standby guardian has been appointed.
(L. 1955 p. 385 § 283, A.L. 1979 H.B. 95, A.L. 1983 S.B. 44 & 45, A.L. 1994 S.B. 734, A.L. 2009 H.B. 154, A.L. 2014 H.B. 1064)
Chapter 475
Probate Code--Conservatorship
August 28, 2016
Definitions.
475.010. When used in this chapter, unless otherwise apparent from the context, the following terms mean:
(1) "Adult", a person who has reached the age of eighteen years;
(2) "Claims", liabilities of the protectee arising in contract, in tort or otherwise, before or after the appointment of a conservator, and liabilities
of the estate which arise at or after the adjudication of disability or after the appointment of a conservator of the estate, including expenses of
the adjudication and of administration. The term does not include demands or disputes regarding title of the protectee to specific assets
alleged to be included in the estate;
(3) "Conservator", one appointed by a court to have the care and custody of the estate of a minor or a disabled person. A
"limited conservator" is one whose duties or powers are limited. The term "conservator", as used in this chapter, includes
limited conservator unless otherwise specified or apparent from the context;
(4) "Custodial parent", the parent of a minor who has been awarded sole or joint physical custody of such minor, or the parent of an
incapacitated person who has been appointed as guardian of such person, by an order or judgment of a court of this state or of another state
or territory of the United States, or if there is no such order or judgment, the parent with whom the minor or incapacitated person primarily
resides;
(5) "Disabled" or "disabled person", one who is:
(a) Unable by reason of any physical or mental condition to receive and evaluate information or to communicate decisions to such an extent
that the person lacks ability to manage his financial resources; or
(b) The term "disabled" or "disabled person", as used in this chapter includes the terms partially disabled or partially disabled person unless
otherwise specified or apparent from the context;
(6) "Eligible person" or "qualified person", a natural person, social service agency, corporation or national or state banking organization
qualified to act as guardian of the person or conservator of the estate pursuant to the provisions of section 475.055;
(7) "Guardian", one appointed by a court to have the care and custody of the person of a minor or of an incapacitated person. A "limited
guardian" is one whose duties or powers are limited. A "standby guardian" is one approved by the court to temporarily assume the duties of
guardian of a minor or of an incapacitated person under section 475.046. The term "guardian", as used in this chapter, includes limited
guardian and standby guardian unless otherwise specified or apparent from the context;
(8) "Guardian ad litem", one appointed by a court, in which particular litigation is pending, to represent a minor, an incapacitated person, a
disabled person, or an unborn person in that particular proceeding or as otherwise specified in this code;
(9) "Habilitation", instruction, training, guidance or treatment designed to enable and encourage a intellectually disabled or developmentally
disabled person as defined in chapter 630 to acquire and maintain those life skills needed to cope more effectively with the demands of his or
her own person and of his or her environment;
(10) "Incapacitated person", one who is unable by reason of any physical or mental condition to receive and evaluate information or to
communicate decisions to such an extent that he or she lacks capacity to meet essential requirements for food, clothing, shelter, safety or
other care such that serious physical injury, illness, or disease is likely to occur. The term "incapacitated person" as used in this chapter
includes the term partially incapacitated person unless otherwise specified or apparent from the context;
(11) "Least restrictive environment", that there shall be imposed on the personal liberty of the ward only such restraint as is necessary to
prevent the ward from injuring himself or herself and others and to provide the ward with such care, habilitation and treatment as are
appropriate for the ward considering his or her physical and mental condition and financial means;
(12) "Manage financial resources", either those actions necessary to obtain, administer, and dispose of real and personal property, intangible
property, business property, benefits, income or any assets, or those actions necessary to prevent waste, loss or dissipation of property, or
those actions necessary to provide for the care and support of such person or anyone legally dependent upon such person by a person of
ordinary skills and intelligence commensurate with his or her training and education;
(13) "Minor", any person who is under the age of eighteen years;
(14) "Parent", the biological or adoptive mother or father of a child whose parental rights have not been terminated under chapter 211,
including:
(a) A person registered as the father of the child by reason of an unrevoked notice of intent to claim paternity under section 192.016;
(b) A person who has acknowledged paternity of the child and has not rescinded that acknowledgment under section 193.215; and
(c) A person presumed to be the natural father of the child under section 210.822;
(15) "Partially disabled person", one who is unable by reason of any physical or mental condition to receive and evaluate information or to
communicate decisions to such an extent that such person lacks capacity to manage, in part, his or her financial resources;
(16) "Partially incapacitated person", one who is unable by reason of any physical or mental condition to receive and evaluate information or
to communicate decisions to the extent that such person lacks capacity to meet, in part, essential requirements for food, clothing, shelter,
safety, or other care without court-ordered assistance;
(17) "Protectee", a person for whose estate a conservator or limited conservator has been appointed or with respect to whose estate a
transaction has been authorized by the court under section 475.092 without appointment of a conservator or limited conservator;
(18) "Seriously ill", a significant likelihood that a person will become incapacitated or die within twelve months;
(19) "Social service agency", a charitable organization organized and incorporated as a not-for-profit corporation under the laws of this state
and which qualifies as an exempt organization within the meaning of Section 501(c)(3), or any successor provision thereto of the federal
Internal Revenue Code;
(20) "Standby guardian", one who is authorized to have the temporary care and custody of the person of a minor or of an incapacitated
person under the provisions of section 475.046;
(21) "Treatment", the prevention, amelioration or cure of a person's physical and mental illnesses or incapacities;
(22) "Ward", a minor or an incapacitated person for whom a guardian, limited guardian, or standby guardian has been appointed.
(L. 1955 p. 385 § 283, A.L. 1979 H.B. 95, A.L. 1983 S.B. 44 & 45, A.L. 1994 S.B. 734, A.L. 2009 H.B. 154, A.L. 2014 H.B. 1064)