§ 475.110. Removal of guardian or conservator -- incapacitated or disabled person, continuation of guardianship after dissolution of marriage, when


   1. When a minor ward has attained the age of fourteen years, the guardian of his or her person may be removed on petition of the ward to have another person appointed guardian if it is for the best interests of the ward that such other person be appointed. When the spouse of an incapacitated or disabled person is appointed his or her guardian or conservator, such spouse shall be removed as guardian or conservator upon dissolution of his or her marriage with the incapacitated or disabled person. A guardian or conservator may also be removed on the same grounds as is provided in section 473.140, RSMo, for the removal of personal representatives.

2. Notwithstanding subsection 1 of this section, a spouse whose marriage to the ward was dissolved may petition the court to remain as or be reappointed guardian or conservator of the incapacitated or disabled person in accordance with section 475.115.

 

§ 473.140. Removal of personal representative


   If any personal representative becomes mentally incapacitated or is convicted of a felony or other infamous crime, or becomes an habitual drunkard, or in any manner incapable or unsuitable to execute the trust reposed in him, or fails to discharge his official duties, or wastes or mismanages the estate, or acts so as to endanger any corepresentative, or fails to answer any citation and attachment to make settlement, the court, upon its own motion, or upon complaint in writing made by any person interested supported by affidavit, after notice to the personal representative, and to the attorney of record, if any, of any personal representative who cannot be served with notice in this state, shall hear the matter and may revoke the letters granted.

 

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Circuit court did not err in refusing to remove the estate personal representative under Mo. Rev. Stat. § 473.140 as she followed counsel's advice in the actions she took to fund and distribute from the living trust, and there was no just cause for removing her as personal representative; there was no evidence of bad faith, fraud, dishonesty, or an attempt to wrongfully deprive heirs of property lawfully theirs, or an attempt to convert the property wrongfully to the representative's use. In the Estate of Alexander, 171 S.W.3d 794, 2005 Mo. App. LEXIS 1372 (Mo. Ct. App. 2005).

 

Trial court did not err in removing the husband as personal representative under Mo. Rev. Stat. § 473.140 where (1) there was a conflict of interest between the husband's personal interests and fiduciary duties to the estate, (2) there was a lack of accounting in the estate, and (3) the husband caused delay in the settlement of the estate. In re Estate of Foster, 878 S.W.2d 896, 1994 Mo. App. LEXIS 1128 (Mo. Ct. App. 1994).

 

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While customary, it is not necessary that a guardian obtain a court order authorizing expenditures; he may take the chance of the disallowance of his accounts upon submission at time of settlement if such expenditures were not necessary and proper for the support, maintenance and education of his ward under Mo. Rev. Stat. §§ 475.120(1) and 475.125. Hamiltonian Federal Sav. & Loan Asso. v. Reliance Ins. Co., 527 S.W.2d 440, 1975 Mo. App. LEXIS 1763 (Mo. Ct. App. 1975), criticized by Farmers & Merchants Ins. Co. v. Cologna, 736 S.W.2d 559, 1987 Mo. App. LEXIS 4569 (Mo. Ct. App. 1987).