SECOND REGULAR SESSION

HOUSE BILL NO. 1676

95TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVES SUTHERLAND (Sponsor) AND HODGES (Co-sponsors).

4024L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To repeal section 475.115, RSMo, and to enact in lieu thereof two new sections relating to guardians and conservators.

Be it enacted by the General Assembly of the state of Missouri, as follows:

            Section A. Section 475.115, RSMo, is repealed and two new sections enacted in lieu thereof, to be known as sections 473.776 and 475.115, to read as follows:

            473.776. The court may order ward transportation upon petition of the public administrator.

            475.115. 1. When a guardian or conservator dies, is removed by order of the court, or resigns and his or her resignation is accepted by the court, the court shall have the same authority as it has in like cases over personal representatives and their sureties and may appoint another guardian or conservator in the same manner and subject to the same requirements as are herein provided for an original appointment of a guardian or conservator.

            2. A public administrator may transfer any case to the jurisdiction of another county upon the filing of a petition for transfer. If the requirements for venue under section 475.035 for the receiving county are met and the petition is joined in by the public administrator of the receiving county consenting to the transfer, the court shall transfer the case. The court of the receiving county shall, without the necessity of any hearing, appoint the public administrator of its county as successor guardian and/or successor conservator and issue letters therein. In the case of a conservatorship, the final settlement shall be filed within thirty days and approved in the original county and then forwarded to the receiving county.

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