Guardian & Conservatorship Estates

Below are brief summaries of important Missouri appellate cases relating to the administration of guardian and conservatorship estates opened to care for incapacitated individuals. Please click on the link below each summary to learn more about that case.

In Re Estate of Posey v. Bergin, 299 S.W.3d 6 (Mo. App. E.D. 2009)

A court has a duty to supervise a guardian’s activities to ensure that the guardian is properly discharging her responsibilities, but it should give due consideration to a guardian’s discretion and avoid reviewing day-to-day decisions of the guardian. Furthermore, a guardian will not be removed so long as she is discharging her duties in good faith.  Learn More >>

In Re: Stephanie Suzanne Banks, 285 S.W.3d 389 (Mo. App. E.D. 2009)

Where an adult sibling and an aunt both petition to be appointed guardian and conservator, they are both in the same preference class under RSMo. § 475.050.1. The trial court should consider the disabled person’s best interests when determining which relative should serve, and it does not have to show preference to the closer relative.  Learn More >>

Hebert v. Schieber, 289 S.W.3d 256 (Mo. App. W.D. 2009)

A sibling of an incapacitated person does not qualify as an “interested person” under RSMo. § 472.010(15) if they have no property right or claim against the ward’s estate. A party with only a sentimental interest in the ward does not qualify as an interested person.  Learn More >>

Schieber v. Schieber, 298 S.W.3d 130 (Mo. App. W.D. 2009)

An alleged incompetent is not required to be present at a hearing on a motion to disqualify private counsel, and it is within the court’s discretion to disqualify private counsel that it believes would not be free from outside influence.  Learn More >>

Estate of Sturmfels v. Frederick, 261 S.W.3d 559 (Mo. App. E.D. 2008)

An heir with a mere expectancy interest in the estate of the ward has no standing to challenge the appointment of a guardian or conservator.  Learn More >>

Powel v. Roper, 245 S.W.3d 280 (Mo. App. W.D. 2008)

A conservator will not be held to a standard of strict liability with regard to good faith expenditures. A good faith failure to obtain receipts does not, in-and-of-itself, provide grounds for disallowance of the expenditures during settlement.  Learn More >>

Dolan v. Higman, 228 S. W. 3d 588 (Mo. App. W.D. 2007)

A petitioner for appointment of a conservator has the burden of proving that, at the time of the trial, the respondent is incapable of managing his finances due to a physical or mental condition. Memory loss and old age alone are insufficient to justify the appointment of a conservator.  Learn More >>

Prost v. Schuffman, 202 S.W.3d 41 (Mo. App. E.D. 2006)

In a petition for appointment of guardian, pursuant to RSMo. § 475.050 the trial court is obligated to consider the respondent’s choice of a relative as guardian, and appoint the Public Administrator only for good cause.  Learn More >>