Notice of petition for appointment of guardian or conservator for a minor — service on parents of minor not required, when.

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Effective - 28 Aug 2018, 2 histories

475.070. Notice of petition for appointment of guardian or conservator for a minor — service on parents of minor not required, when. — 1. Before appointing a guardian or conservator for a minor, notice of the petition therefor shall be served upon the following unless they have signed such petition or have waived notice thereof:

(1) The minor, if over fourteen years of age;

(2) The parents of the minor;

(3) The spouse of the minor;

(4) The person or entity nominated to serve as guardian or conservator;

(5) If directed by the court:

(a) Any person who has been appointed guardian or any person having care and custody of the minor;

(b) Any department, bureau or agency of the United States or of this state or any political subdivision thereof, which makes or awards compensation, pension, insurance or other allowance for the benefit of the ward's estate;

(c) Any department, bureau or agency of this state or any political subdivision thereof or any charitable organization of this state, which may be charged with the supervision, control or custody of the minor.

2. If the minor is over fourteen years of age, there shall be personal service upon him if personal service can be had. Service on others may be had in accordance with section 472.100.

3. If a petition for the appointment of a guardian of a minor is filed for the sole and specific purpose of school registration or medical insurance coverage, upon the filing of an affidavit by the petitioner stating that, after due and diligent effort to the best of his or her ability, the whereabouts or identity of either or both parents of the minor remains unknown, the court may proceed with the appointment of such a guardian without having obtained service upon the parents of the minor.

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(L. 1955 p. 385 § 296, A.L. 1959 S.B. 141, A.L. 1983 S.B. 44 & 45, A.L. 1985 S.B. 35, et al., A.L. 2000 S.B. 944, A.L. 2018 S.B. 806)


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