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MO SB1083

Bill

Status

Introduced

2/23/2016

Primary Sponsor

Wayne Wallingford

Click for details

Origin

Senate

2016 Regular Session

AI Summary

  • Courts must appoint guardians/conservators following a mandatory priority list rather than simply "considering" candidates, and must find higher-priority persons deficient before selecting someone lower on the list

  • Priority order for appointment: (1) person nominated by the incapacitated individual if able to communicate, (2) person named in durable power of attorney or written instrument signed within 5 years, (3) spouse, parents, adult children, siblings, and close relatives, (4) other eligible persons or organizations named in a probated will

  • Claims that a priority-listed person is deficient due to substandard living conditions require a mandatory investigation and report by the Department of Health and Senior Services

  • Courts may only disqualify a priority person for substandard living conditions if findings show the conditions are dangerous or unsanitary and materially affect the life, health, or safety of the incapacitated person

Legislative Description

Modifies procedures in guardianship and conservator proceedings for incapacitated or disabled persons

Last Action

Hearing Conducted S Judiciary and Civil and Criminal Jurisprudence Committee

4/12/2016

Committee Referrals

Judiciary And Civil And Criminal Jurisprudence3/3/2016

Full Bill Text

No bill text available