Missouri § 475.361 Wards, rights of.

Missouri Statutes

§ 475.361 — Wards, rights of.

Missouri § 475.361

Title XXXITRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Ch. 475Probate Code — Guardianship

This text of Missouri § 475.361 (Wards, rights of.) is published on Counsel Stack Legal Research, covering Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mo. Rev. Stat. § 475.361 (2026).

Text

1. The provisions of section 475.078 notwithstanding to the contrary, in every guardianship, the ward has the right to:

(1)A guardian who acts in the best interests of the ward;

(2)A guardian who is reasonably accessible to the ward;

(3)Communicate freely and privately with family, friends, and other persons other than the guardian; except that, such right may be limited by the guardian for good cause but only as necessary to ensure the ward's condition, safety, habilitation, or sound therapeutic treatment;

(4)Individually or through the ward's representative or legal counsel, bring an action relating to the guardianship, including the right to file a petition alleging that the ward is being unjustly denied a right or privilege granted by this chapter, including the right to b

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1. The provisions of section 475.078 notwithstanding to the contrary, in every guardianship, the ward has the right to:

(1) A guardian who acts in the best interests of the ward;

(2) A guardian who is reasonably accessible to the ward;

(3) Communicate freely and privately with family, friends, and other persons other than the guardian; except that, such right may be limited by the guardian for good cause but only as necessary to ensure the ward's condition, safety, habilitation, or sound therapeutic treatment;

(4) Individually or through the ward's representative or legal counsel, bring an action relating to the guardianship, including the right to file a petition alleging that the ward is being unjustly denied a right or privilege granted by this chapter, including the right to bring an action to modify or terminate the guardianship under the provisions of section 475.083 ;

(5) The least restrictive form of guardianship assistance, taking into consideration the ward's functional limitations, personal needs, and preferences;

(6) Be restored to capacity at the earliest possible time;

(7) Receive information from the court that describes the ward's rights, including rights the ward may seek by petitioning the court; and

(8) Participate in any health care decision-making process.

2. An adult ward may petition the court to grant the ward the right to:

(1) Contract to marry or to petition for dissolution of marriage;

(2) Make, modify, or terminate other contracts or ratify contracts made by the ward;

(3) Consent to medical treatment;

(4) Establish a residence or dwelling place;

(5) Change domicile;

(6) Bring or defend any action at law or equity, except an action relating to the guardianship; or

(7) Drive a motor vehicle if the ward can pass the required driving test.

3. The appointment of a guardian shall revoke the powers of an agent who was previously appointed by the ward to act as an agent under a durable power of attorney for health care, unless the court so orders.

4. The appointment of a guardian is not a determination that the ward lacks testamentary capacity.