In Missouri, when most people think of the purpose of a Last Will and Testament they focus on the division of estate assets upon the death of the testator, or person executing the Will. While your Will certainly does allow you to decide how your estate assets will be handled when you die it does something even more important for parents of minor children – allow you to nominate a guardian. Nominating a guardian for your minor children can only be done in your Will, making the creation of an … [Read more...]
Does My Parent Need a Guardian?
With the life expectancy of Americans inching closer and closer to 100 years the older American population continues to grow exponentially. By 2050, experts tell us that the over 65 age group will outnumber the under 21 age group for the first time in the history of the planet. Although we are living longer we are still battling diseases such as Alzheimer’s. If your parents are approaching, or are even well into, their golden years you may be faced to answer the question “Does my mother need a … [Read more...]
What Is a Conservator or Guardian in Missouri?
At some time in your life you may be faced with a difficult decision – whether or not to step in and seek to become a conservator or guardian. Although it is often not an easy decision, failing to make the decision can have devastating consequences for the individual involved. Understanding what a conservator or guardian in Missouri actually does may help you decide how to proceed. Under Missouri law, you may petition the court to become either a guardian over the person or a conservator over … [Read more...]
How to File for Guardianship in St. Louis Missouri
The life expectancy of the average American has increased over 20 years in the last century. This means that we are expected to live longer and chances are our parents and other older relatives will live longer as well. Overall, this is certainly good news; however, the reality is that living longer also increases the likelihood of suffering from an age-related dementia disease such as Alzheimer's. If you have a parent, or other elderly relative, who you believe has reached a point at which he … [Read more...]
Deciding Whom to Appoint as Guardian in Your Will
Deciding who will get which assets when you die is clearly an important aspect of creating your Last Will and Testament; however, deciding whom to appoint as guardian for your minor children is infinitely more important. Given the importance of this decision, you may wish to consider the following factors when making your decision: Relationship—does your child already have an established relationship with the intended guardian? While not always possible, it is usually best to choose someone … [Read more...]
Avoiding Conservatorship or Guardianship
No one likes to think about the possibility of one day not being capable of handling their own affairs. If you are like many people, you may be taking a “bury my head in the sand” approach to the possibility. Incapacity though can happen to anyone and it is not limited to the elderly. While your chances certainly go up as you age, a catastrophic car wreck or debilitating disease could leave you incapacitated at any time in your life. Are you prepared? If you are like the majority of people, the … [Read more...]
Petitioning for Guardianship or Conservatorship
If you suspect that someone you care about has become the victim of elder abuse, there are a number of steps you should take. First, the local authorities should be contacted. Next, file a complaint with the state licensing agency. Finally, and most importantly, you should take the legal steps necessary to gain control over your loved one in order to remove him or her from the abusive situation. This last step may sound obvious and easy; however, in many cases it is not as easy at it sounds. … [Read more...]
Do You Need an Elder Law Attorney?
As we age, our family members and loved ones age as well. If you are lucky, you will have parents, grandparents or other family members who are still around to enjoy their golden years. The golden years, however, can be fraught with medical, emotional and even legal issues that may require the assistance of an elder law attorney. Elder law is a relatively new term within the legal field and refers to a broad area of issues that may face the elderly and those who care for them. If you are the … [Read more...]
Reasons to Seek Guardianship of an Adult
If you have an adult family member or loved one who you believe is unable to care for themself, you may wish to seek guardianship over them. State laws will vary somewhat; however, a guardian is generally someone who has control over the person, whereas a conservator has control over the estate of the person. In practical terms, this means that as guardian you will be able to make decisions such as where they will live and what doctor will treat them. Only a court can decide if someone requires … [Read more...]
Elder Law – How to Petition for Guardianship
If you have an elderly family member or loved one who has become incapable of caring for himself or herself, you may wish to step in and help make day to day decisions for your family member or loved one. Unfortunately, you may also have found out that having good intentions, or even being related to the person, is often not enough to allow you to make those decisions. Often, an appointment as guardian of the ward, or person who needs assistance, is required before you can help. State laws … [Read more...]
