Missouri Laws 475.035 – Venue
1. The venue for the appointment of a guardian or conservator shall be:
(1) In the county in this state where the minor or alleged incapacitated or disabled person is domiciled. Domicile for a minor is the domicile of the custodial parent, custodial parents, or guardian. Placement by a court, fiduciary, or agency for evaluation, treatment, or residential care shall not constitute a choice of domicile by the minor or alleged incapacitated or disabled person; however, for the purpose of determining domicile, the court may consider the desire or intent of the alleged incapacitated or disabled person to the extent he or she has capacity; or
Terms Used In Missouri Laws 475.035
- conservator: as used in this chapter , includes limited conservator unless otherwise specified or apparent from the context. See Missouri Laws 475.010
- Custodial parent: the parent of a minor who has been awarded sole or joint physical custody of such minor, or the parent of an incapacitated person who has been appointed as guardian of such person, by an order or judgment of a court of this state or of another state or territory of the United States, or if there is no such order or judgment, the parent with whom the minor or incapacitated person primarily resides. See Missouri Laws 475.010
- disabled person: one who is:
(a) Unable by reason of any physical, mental, or cognitive condition to receive and evaluate information or to communicate decisions to such an extent that the person lacks ability to manage the person's financial resources. See Missouri Laws 475.010
- Fiduciary: A trustee, executor, or administrator.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: one appointed by a court to have the care and custody of the person of a minor or of an incapacitated person. See Missouri Laws 475.010
- Guardianship: if used in a section in a context relating to rights and obligations other than property rights or obligations, means guardian of the person as defined in chapter 475. See Missouri Laws 1.020
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Minor: any person who is under the age of eighteen years. See Missouri Laws 475.010
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Probate: Proving a will
- Property: includes real and personal property. See Missouri Laws 1.020
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
- Treatment: the prevention, amelioration or cure of a person's physical and mental illnesses or incapacities. See Missouri Laws 475.010
- Venue: The geographical location in which a case is tried.
(2) If the minor or alleged incapacitated or disabled person has no domicile in this state, then in the county in which the minor or alleged incapacitated or disabled person has a significant connection. In determining under this section whether a minor or alleged incapacitated or disabled person has a significant connection, the court shall consider:
(a) Whether a juvenile, criminal, or probate court in a county of this state has previously or currently assumed jurisdiction over the minor or alleged incapacitated or disabled person under chapter 211 or 552;
(b) The location of the minor’s or alleged incapacitated or disabled person’s family and other persons required to be notified of the guardianship or conservatorship;
(c) Whether the minor or alleged incapacitated or disabled person has a residence or is physically present in the county and the duration of his or her physical presence or absence;
(d) The location of the minor’s or alleged incapacitated or disabled person’s property; and
(e) The extent to which the minor or alleged incapacitated or disabled person has ties such as voting registration, local tax return filing, vehicle registration, driver’s license, social relationships, or receipt of services.
2. In the event the venue for purposes of guardianship and conservatorship are in different counties, venue shall be in the county of the guardianship.
3. If proceedings are commenced in more than one county, they shall be stayed except in the county where first commenced until final determination of venue in the county where first commenced. The proceeding is deemed commenced by the filing of a petition.