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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.
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.
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?
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.
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.
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.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
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?
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.
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.