Legal Question in Family Law in Missouri

This is my second inquiry. My uncle is 91 and is the Petitioner in a dissolution of marriage case. He has had no legal representation since January, 2015, due to lack of funds. He was declared to be his own guardian in probate, but had a conservator appointed. As I understand it, being declared totally disabled in probate should disqualify him from representing himself in the civil divorce case. The Supreme Court of MO states that a disabled person is not capable of discerning information. Thank you very much for your response.


Asked on 1/04/16, 10:02 am

1 Answer from Attorneys
Anthony Smith LawSmith

Disabled is a social security and taxation term. Perhaps he was deemed competent, but incapacitated,(or vice versa), so that someone was appointed to take care if his assets. He still, according your description, has the power to marry or divorce. However, division of property is an economic issue. The other side may argue that he is not able to agree to any property settlement. The conservator should be made aware of the pending divorce immediately. They may have an obligation to be part of that case. The judge should be made aware of the conservatorship, as soon as possible.

Good luck

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Answered on 1/04/16, 1:15 pm


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