Where can I find a form to transfer guardianship of a minor from California to Missouri?

02/01/2007 - Guardianship - State: MO #884

Full Question:

I need a form to transfer guardianship of a minor from CA to MO. Was granted order fixing residence outside of CA but unable to find info on what to file now that I am in Missouri. Local lawyer has no idea what to do.

Answer:

MISSOURI REVISED STATUTES

Nonresident domiciliary guardian or conservator.
475.339. Notwithstanding any other provision of law, a domiciliary guardian, committee, curator or conservator of a nonresident person, although a nonresident of this state or a corporation of another state or country, whether or not authorized to do business in this state, may act as such domiciliary guardian or conservator in this state under sections 475.335 and 475.336 and may be appointed and act as local guardian or conservator under section 475.030.

Payment and delivery to foreign guardian or conservator.
475.335. Any person indebted to a minor or disabled person or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a minor or disabled person may pay such debt or deliver such property or instrument to a conservator, curator, committee, guardian of the estate or other like fiduciary appointed by a court of the state of residence of the person, upon being presented with proof of his appointment and an affidavit made by him or on his behalf stating:

(1) That no application for appointment of a conservator or conservatorship proceeding relating to the person is pending in this state; and
(2) That the foreign guardian, conservator, committee or curator is entitled to payment or to receive delivery. If the person to whom the affidavit is presented is not aware of any conservatorship proceeding pending in this state, payment or delivery in response to the demand and affidavit discharges the debtor or possessor.

Effect of filing letters of foreign guardian or curator.
475.336. If no local conservator has been appointed and no petition in a conservatorship proceeding is pending in this state, a domiciliary foreign guardian, curator, committee or conservator may file with a court of a county in this state in which property belonging to the minor or disabled person is located, authenticated copies of his appointment and of any official bond he has given. Thereafter, he may exercise as to assets in this state all powers of a local conservator and may maintain actions and proceedings in this state subject to any conditions imposed upon nonresident parties generally.

Letters of guardianship and conservatorship issued, when.
475.030. 1. Letters of guardianship of the person may be granted for any person adjudged incapacitated. Letters of conservatorship of the estate may be granted for any person adjudged to be disabled.
2. Letters of conservatorship of the estate of a minor shall be granted for that part of the estate of the minor which is not derived from a living parent who is acting as natural guardian.
3. Letters of conservatorship for the entire estate of a minor may be granted in the following cases:
(1) Where the minor has no parent living; or
(2) Where there is a natural guardian of the minor and where the court finds that the best interests of the minor require letters of conservatorship for all of his estate.
4. Letters of guardianship of the person of a minor may be granted in the following cases:
(1) Where a minor has no parent living;
(2) Where the parents or the sole surviving parent of a minor are unwilling, unable or adjudged unfit to assume the duties of guardianship;
(3) Where the parents or the sole surviving parent have had their parental rights terminated under chapter 211, RSMo.



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02/01/2007 - Category: Guardianship - State: MO #884

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