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Probate: Guardianship-Removal-Attorneys’ Fees
Staff Report//April 22, 2019
Where a wife challenged the probate division’s denial of her motion to remove the public administrator as the guardian and conservator for her incapacitated husband and to appoint herself and her daughter as successors, there was no statutory basis for the removal or successor appointment, and the judgment is affirmed because the refusal to allow the removal was not against the weight of the evidence, and the trial court did not abuse its discretion in allowing the public administrator to pay her attorneys’ fees from the funds of the incapacitated person.
Judgment is affirmed.
Rosenauer v. Williams (MLW No. 73095/Case No. WD81613 – 18 pages) (Missouri Court of Appeals, Western District, Chapman, J.) Appealed from circuit court, Andrew County, Bolander, J. (Pamela Cone, St. Joseph, for appellant) (John Brage, Gary Myers and Diane Hook, St. Joseph, for respondents).
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