My mother will not agree to let my brother or I care for her. She's 88 & has very limited physical agility. Can you tell me (for Missouri), how to get a form for Petition of Guardianship? Thank you for any info.
Unless your mother is mentally incompetent - and that is a ruling made by her medical doctors and submitted to the court - it would be futile to proceed with trying to obtain guardianship of her.
If the issue is that she cannot perform her ADLs sufficiently, that's something that a doctor and health plan (does she have Medicare and/or other?) would need to be made aware of, and then they will assess her for additional level of medical need or other assistance.
Very limited physical ?ability is not really the issue in a guardianship matter, and neither is being 88 years old.
Here are the key questions in St Louis, just for example:
Q. Do you consider [mother] to be “incapacitated,” that is, unable by reason of any physical or mental condition to receive and evaluate information or to communicate decisions to such an extent that he/she lacks ability to meet his/her essential requirements for food, clothing, shelter, safety, or medical care such that serious physical injury, illness, or disease is likely to occur were a guardian not appointed for him/her?
Q. Please describe the physical and/or mental conditions upon which your answer is based.
Assuming you are confident that you (more likely, your mother's physician) can answer yes, under oath, and explain why; and that you can further persuade the court that you and/or your brother are the best people to take charge of your mother's welfare; then the following link outlines the 8 step process to obtaining guardianship in Missouri:
Meanwhile. What is the situation that has you and your brother so worried about your mother right now? Would you like to say any more about what has been happening?
If Mom is confident to make her own decisions you may not be able to get guardianship. You may want to consult a lawyer before you start anything. Guardianship is a bigger responsibility. You answer to the State on a yearly basis. You have to show how Mom's money is being spent and keep records.
I suggest that you start with these State of Missouri Guardianship and Conservatorship PDFs. These are pamphlets and guidelines for the State of Missouri and will give you an idea of all of the work that is required to petition for and the work that you or whomever is appointed the Guardian or Conservator MUST do to meet the state's requirements.
Also, contact an Elder Care Attorney in the State of Missouri (this website has a listed of attorneys). Since your Mother is resistant to letting you or your brother take care of her, expect your Mother to hire her own attorney and/or expect the Court to appoint an attorney (Attorney Ad Lidem) to represent your Mother during the Guardianship/Conservatorship proceedings. The petition and your attorney will cost you between $8,000 to $20,000 and may cost your Mother $3,000 to $10,000 depending on how much her attorney fights you and your brother in court.
I had to seek Guardianship and Conservatorship of my Mother. Luckily we were able to come to an "Out-of-Court" Settlement, but it still cost me and my Mother almost $15,000.
Start with getting a Petition for Appointment form the Circuit Court where your mom lives. This will be the first step among many you'll have to take. Guardianship is a laborious and confusing process. If you're able to hire a lawyer I would recommend you do that. A social worker can also help guide you through this process.
Unless your mother is mentally incompetent - and that is a ruling made by her medical doctors and submitted to the court - it would be futile to proceed with trying to obtain guardianship of her.
If the issue is that she cannot perform her ADLs sufficiently, that's something that a doctor and health plan (does she have Medicare and/or other?) would need to be made aware of, and then they will assess her for additional level of medical need or other assistance.
Here are the key questions in St Louis, just for example:
Q. Do you consider [mother] to be “incapacitated,” that is, unable by reason of any physical or mental condition to receive and evaluate information or to communicate decisions to such an extent that he/she lacks ability to meet his/her essential requirements for food, clothing, shelter, safety, or medical care such that serious physical injury, illness, or disease is likely to occur were a guardian not appointed for him/her?
Q. Please describe the physical and/or mental conditions upon which your answer is based.
Assuming you are confident that you (more likely, your mother's physician) can answer yes, under oath, and explain why; and that you can further persuade the court that you and/or your brother are the best people to take charge of your mother's welfare; then the following link outlines the 8 step process to obtaining guardianship in Missouri:
https://info.legalzoom.com/legal-guardianship-missouri-21127.html
Meanwhile. What is the situation that has you and your brother so worried about your mother right now? Would you like to say any more about what has been happening?
Copy and Paste the PDFs to your internet browser:
https://health.mo.gov/seniors/ombudsman/pdf/GuardianshipAndConservatorshipMOBrochure.pdf
http://www.moadvocacy.org/Manuals/Guardianship_Conservatorship_2007.pdf “Basic Guide for Understanding Guardianship and Conservatorship in Missouri”
https://www.yourestatematters.com/wp-content/uploads/2015/10/Guardianship-and-Conservatorshi-in-Missouri-What-You-May-Need-to-Know-Someday.pdf
Also, contact an Elder Care Attorney in the State of Missouri (this website has a listed of attorneys). Since your Mother is resistant to letting you or your brother take care of her, expect your Mother to hire her own attorney and/or expect the Court to appoint an attorney (Attorney Ad Lidem) to represent your Mother during the Guardianship/Conservatorship proceedings. The petition and your attorney will cost you between $8,000 to $20,000 and may cost your Mother $3,000 to $10,000 depending on how much her attorney fights you and your brother in court.
I had to seek Guardianship and Conservatorship of my Mother. Luckily we were able to come to an "Out-of-Court" Settlement, but it still cost me and my Mother almost $15,000.
Keep asking questions. Good Luck.