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MO HB1297

Bill

Status

Introduced

3/12/2015

Primary Sponsor

Mike Kelley

Click for details

Origin

House of Representatives

2015 Regular Session

AI Summary

  • Amends Section 475.040 to change venue transfer from discretionary ("may") to mandatory ("shall") when certain conditions are met, unless the guardian objects to the venue change

  • Requires guardians to directly and regularly participate in any medical or other service provided to the ward, expanding beyond just assuring the ward receives care

  • Grants guardians explicit authority to file motions, pleadings, and documents with the court and appear without legal counsel, and to participate in administrative hearings and civil litigation on the ward's behalf without filing motions to intervene

  • Authorizes guardians to accept service of process for the ward, maintain contact with confined wards regardless of facility type, and assist wards in exercising legal rights

  • Prohibits any party from restricting a guardian's duties or authority without first obtaining a court order following a full hearing with proper notice, with retroactive application to existing guardianships

Legislative Description

Changes the laws regarding probate actions involving guardians

Last Action

Referred: Civil and Criminal Proceedings(H)

5/15/2015

Committee Referrals

Civil and Criminal Proceedings5/15/2015

Full Bill Text

No bill text available