The bill proposes to repeal and replace section 475.050 of the Revised Statutes of Missouri, which governs the appointment of guardians or conservators for incapacitated or disabled persons. The new section establishes a clear order of priority for appointing guardians or conservators, starting with the incapacitated or disabled person's own nominations, followed by relatives, and only allowing unrelated third parties if no suitable relatives are available or if their appointment is not in the best interest of the individual. Additionally, it introduces a rebuttable presumption that minors under the care of the children's division have no suitable relatives willing to serve.
Furthermore, the bill mandates background screenings for guardians and conservators with fiduciary responsibilities, including checks against various disqualification lists and criminal records, with certain exceptions for close relatives and public administrators. It also allows guardians certified by a national accrediting organization to submit proof of certification instead of undergoing the background checks. The court is required to review these reports before signing any appointment orders, although it can waive these requirements in emergency situations. Notably, the bill adds grandparents to the list of close relatives considered for guardianship or conservatorship appointments.
Statutes affected: Introduced (6660H.01):
475.050