HB 973 – Withholding or withdrawal of nutrition or hydration for a patient. (See Health and Hospital Law)

*HB 1184 – Missouri Uniform Trust Code. HB 1184 makes several changes to a piece of legislation enacted in 2005 that is known as the Missouri Uniform Trust Code (which was based on the Uniform Trust Code). There are four reasons for the Technical Corrections.

First, changes have been made to the UTC at the national level. The MUTC is changed to conform to those changes. Conforming amendment were made to Section 456.1-103(2), definition of “ascertainable standard,” Section 456.3-301, limiting a settlor’s ability to represent and bind other beneficiaries in action to amend or terminate trust, Section 456.5-501, dealing with rights of creditors in non-spendthrift trusts, and Section 456.5-506, adding definition of “mandatory distribution.”

Second, in the year since the enactment of the MTUC, several technical glitches have been discovered. A prior statute incorporated into the venue statute, Section 453.2-204, contained language that did not get changed to conform to the MUTC. That change is made. Many statutory sections which cross-referenced the Missouri Prudent investor statute were not changed to reflect the move of those statutes from chapter 456 to chapter 469. Those statutes changed to reflect the proper cross reference are Sections 404.051, 404.550, 404.714, 473.333, 473.787, 475.130, and 475.190.

Third, there has been vocal criticism of the UTC and the MUTC from attorneys that feel the provisions did not provide as much protection for special needs trusts and for trust beneficiaries from creditors as did prior law. While many disagreed with those claims, the scrutiny the controversy caused did result in changes made to assure that special needs trusts and creditor protection remained the same as was the case prior to the enactment of the MUTC. Provisions affected are Section 456.4-401 (methods for creating trust amended to include judicial creation of Medicaid payback trusts), Section 456.4-402 (requirements for creating trust to exclude properly created Medicaid payback trusts), Section 456.4-411A (preventing special needs trust from being subject to termination on agreement of settlor and beneficiaries), Section 456.5-504, (protection of discretionary interests in trust from creditors), Section 475.092 (match provisions on court created special needs trust to Medicaid/SSI requirements) and Section 469.500 (abolishment of Doctrine of Worthier Title to prevent inadvertent disqualification of special needs trusts).

Fourth, mainly minor changes made in response to issues raised as the MUTC become operational. These changes include: Section 456.1-103(15), tweaking definition of “power of withdrawal,” Section 456.1-105.2(8), making it easier for a settlor to modify trustees duty to notify trust beneficiaries under Section 456.8-813, Section 456.1-110, modifying situations in which charitable beneficiaries receive notice, Section 456.3-301, allowing qualified beneficiaries to represent other beneficiaries in actions to modify trust administrative provisions, Section 456.7-703, modifying rules allowing co-trustees to delegate duties to each other, Section 456.8-813, expanding grandfathering of irrevocable trusts in existence on 1-1-05 from notice requirements, Section 456.8-814, clarifying intent with respect to effect of discretionary language on ascertainable standards, and Section 456.8-816, expressly allowing retention and compensation of accountants, investment advisors, and attorneys.

Drafted by The Missouri Bar Probate and Trust Law Committee.

HB 1212 – Protections against financial exploitation of the elderly and disabled. ( See Elder Law)

HB 1271 – Standby Guardianships. Allows a seriously ill parent or legal guardian to make arrangements for the care, custody, and control of minor children by appointing a standby guardian in the event the parent becomes mentally or physically incapacitated or dies. Allows the standby guardian to temporarily assume the duties as legal guardian over a minor child to avoid placement of the children in foster care. The authority of a standby guardian will not supercede the parental rights of either parent while they are alive, unless those rights have been terminated subject to Sections 211.444 and 211.447, RSMo. Support concept, pending language changes to address parental rights issues to be drafted by Probate & Trust Law Committee and Family Law Section.

HB 1399 – Decedent’s records in probate. Allows certain persons to receive all information, records, and documents of a decedent.

SB 596 – Standby guardianships. Authorizes a court to appoint a standby guardian for a minor. This act authorizes a court to appoint a standby guardian to temporarily assume the duties of guardian over a minor child. The appointment of a standby guardian becomes effective upon the disability, incapacitation, or death of an appointing parent or legal guardian. In order to become effective, the standby guardian must file an acceptance of appointment within 30 days of the court’s confirmation. Before the court confirms the appointee, the other parent or another person who has care and custody of the minor may file a written objection to the appointment of the standby guardian. In the event a parent or guardian should die, the standby guardian may petition the court within 60 days to make a formal guardianship request. An appointing parent or another interested party is allowed to petition the court to confirm the parent’s selection of a standby guardian and terminate the right of other individuals to object to the appointment of that individual as guardian. Support concept, pending language changes to address parental rights issues to be drafted by Probate & Trust Law Committee and Family Law Section.

SB 717 - Modifies various tax provisions. (See Taxation Law)

SB 793 - Public administrators within the probate code. Within the probate code, provides that public administrators will not be financially responsible for debts of wards or protectees.

SB 911 – Estate tax. Repeals the estate tax.