Legal Opinion

In Re Banks

Missouri Court of Appeals

Decided May 12, 2009No. ED 91649PublishedCited by 2 opinions

1Opinion of the Court

PATRICIA L. COHEN, Judge.

Introduction

Kimberly Banks-Haines, sister of Stephanie Banks, appeals from the judgment of the Ste. Genevieve County Circuit Court appointing Lavaughnda J. Rayoum, aunt of Stephanie Banks, as Ms. Banks’ guardian and conservator of her estate. Ms. Banks-Haines claims that the language of Mo.Rev.Stat. § 475.050.1(3) compels the trial court to appoint a sister of the incapacitated or disabled person rather than an aunt, where, as here, the trial court determines both are equally qualified to serve. We affirm.

Background

Stephanie Banks, due to life-long mental retardation,…

2Cases cited5 opinions

  1. Murphy v. CarronSupreme Court of Missouri · 1976
  2. Kupneski v. BeyersdorferSupreme Court of Missouri · 2001
  3. Keyser v. KeyserMissouri Court of Appeals · 2002
  4. In Re Estate of WoodMissouri Court of Appeals · 1993
  5. Schmidt v. BensonMissouri Court of Appeals · 2004

3Cited by2 opinions

  1. In the Matter of: Lily Ann CrockerMissouri Court of Appeals · 2021
  2. Lee Allen Fisher v. Nina M. Slinger and Keith A. MayerMissouri Court of Appeals · 2021

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