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MO HB1297
Bill
Status
3/12/2015
Primary Sponsor
Mike Kelley
Click for details
AI Summary
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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
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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
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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
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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
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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