State Codes and Statutes

Statutes > Missouri > T35 > C507 > 507_186

Substitution of conservator for next friend or guardian adlitem--effect of contracts.

507.186. 1. At any time during the preparation orprosecution of such action or claim, before or after judgment orappeal, the minor's duly appointed conservator may be substitutedfor the next friend or guardian ad litem. The substitution maybe made by the court or the clerk thereof upon an ex parteshowing of the appointment and qualification of the conservator.In the event of such substitution, the court shall, upon paymentor transfer of all of the minor's money or property in his handsto the conservator and filing a receipt for the same with acertified copy of the conservator's letters attached to it, andacceptance of the receipt by the court or clerk thereof asauthentic, discharge the next friend or guardian ad litem fromall of his obligations and duties as such.

2. In the event the minor's conservator has been substitutedfor the next friend or guardian ad litem and the attorney feesand expenses have not, at the time of the substitution, beenpaid, the conservator shall be bound by the attorney fee contractand shall be obligated to pay the attorney fees and expenses tothe same extent as the next friend or guardian ad litem wouldhave been obligated to pay them had he not been discharged,provided the attorney fees and expenses are approved by thecourt.

(L. 1959 H.B. 537 § 507.185, A.L. 1983 S.B. 44 & 45)

State Codes and Statutes

Statutes > Missouri > T35 > C507 > 507_186

Substitution of conservator for next friend or guardian adlitem--effect of contracts.

507.186. 1. At any time during the preparation orprosecution of such action or claim, before or after judgment orappeal, the minor's duly appointed conservator may be substitutedfor the next friend or guardian ad litem. The substitution maybe made by the court or the clerk thereof upon an ex parteshowing of the appointment and qualification of the conservator.In the event of such substitution, the court shall, upon paymentor transfer of all of the minor's money or property in his handsto the conservator and filing a receipt for the same with acertified copy of the conservator's letters attached to it, andacceptance of the receipt by the court or clerk thereof asauthentic, discharge the next friend or guardian ad litem fromall of his obligations and duties as such.

2. In the event the minor's conservator has been substitutedfor the next friend or guardian ad litem and the attorney feesand expenses have not, at the time of the substitution, beenpaid, the conservator shall be bound by the attorney fee contractand shall be obligated to pay the attorney fees and expenses tothe same extent as the next friend or guardian ad litem wouldhave been obligated to pay them had he not been discharged,provided the attorney fees and expenses are approved by thecourt.

(L. 1959 H.B. 537 § 507.185, A.L. 1983 S.B. 44 & 45)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T35 > C507 > 507_186

Substitution of conservator for next friend or guardian adlitem--effect of contracts.

507.186. 1. At any time during the preparation orprosecution of such action or claim, before or after judgment orappeal, the minor's duly appointed conservator may be substitutedfor the next friend or guardian ad litem. The substitution maybe made by the court or the clerk thereof upon an ex parteshowing of the appointment and qualification of the conservator.In the event of such substitution, the court shall, upon paymentor transfer of all of the minor's money or property in his handsto the conservator and filing a receipt for the same with acertified copy of the conservator's letters attached to it, andacceptance of the receipt by the court or clerk thereof asauthentic, discharge the next friend or guardian ad litem fromall of his obligations and duties as such.

2. In the event the minor's conservator has been substitutedfor the next friend or guardian ad litem and the attorney feesand expenses have not, at the time of the substitution, beenpaid, the conservator shall be bound by the attorney fee contractand shall be obligated to pay the attorney fees and expenses tothe same extent as the next friend or guardian ad litem wouldhave been obligated to pay them had he not been discharged,provided the attorney fees and expenses are approved by thecourt.

(L. 1959 H.B. 537 § 507.185, A.L. 1983 S.B. 44 & 45)