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Born v. Banas

Court of Appeals of Missouri, Eastern District, First Division

December 16, 2014

THEA MARIE BORN, Relator,
v.
HONORABLE JOHN " JACK" BANAS, ASSOCIATE CIRCUIT COURT JUDGE, DIVISION 3, 11TH JUDICIAL CIRCUIT, SAINT CHARLES COUNTY, MISSOURI, Respondent

Circuit Court of St. Charles County. Circuit Court No. 1411-PR00856.

FOR APPELLANT: Amy Christiansen, Chesterfield, Missouri; David J. Sokolowski (co-counsel), St. Charles, Missouri.

FOR RESPONDENT: Patricia Watkins Jefferson City, Missouri.

Lisa S. Van Amburg, Judge. Glenn A. Norton, J. and Kurt S. Odenwald, J. concur.

OPINION

Lisa S. Van Amburg, Judge

Page 504

INTRODUCTION

Thea Marie Born filed a Writ of Prohibition, seeking to prohibit Respondent, The Honorable John Banas of the Eleventh Judicial Circuit, from enforcing the order and judgment of October 16, 2014 appointing Deborah Lanham, the public administrator of St. Charles County, as Born's temporary guardian and conservator ad litem. Born alleges that Respondent erred by entering an order granting Lanham temporary guardianship and conservatorship, despite a lack of personal service on Born and in the absence of a hearing. On November 20, 2014, we issued a preliminary order, directing Respondent to file an Answer on or before November 24, 2014. No answer was filed and Respondent is now in default.

On November 24, 2014, in the interests of justice and as permitted by Rule 84.24(j), we dispensed with further briefing and oral argument and issued a permanent writ of prohibition directing Respondent to set aside the Order and Judgment of October 16, 2014. This opinion explains the reasons for our issuance of the writ of prohibition.

BACKGROUND

On October 14, 2014, Karen Klearman Miller of the Missouri Department of Health and Senior Services (the " Department" ), filed a petition with the circuit court of St. Charles County, probate division, requesting the appointment of a permanent guardian and conservator ad litem for Born. The petition alleges that due to

Page 505

various medical conditions, Born is unable, among other things, to meet her " essential daily needs of living and/or to manage her financial resources without supervision, and there are no less intrusive alternatives available to provide for [Born]'s care than the appointment of a guardian and conservator." The petition further requests the appointment of Deborah Lanham, Public Administrator of St. Charles County, to serve as Born's permanent guardian and conservator.

On October 15, 2014, the trial court issued an order setting the Department's petition for appointment of a permanent guardian and conservator for hearing on November 7, 2014.[1] The ...


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