Legal Question in Elder Law in Missouri

My parents are in their 80's and my Mother has dementia and Parkinson's disease, unable to make any decisions for herself. My Dad has been in a wheel chair for over 2 yrs and not making wise, but rather foolish money decisions. He has almost gone through his life savings of over$60 thousand down to $16 thousand in 2 yrs. Many have come to their home and have taken advantage of them. He has no people sense and they seem to find the weak victims. I have found out through his complaining that his Home Health Aide has asked him for financial help on many occasions since she started there in October. I had been giving them assistance until lately, my herniated discs have given me more problems. So a HHC aide for both parents has helped me with their needs. Recently I brought the two issues to their Aides attention. One- Please don't confuse my Mom by calling her Mamma. My Mom always asks who she is and why does she think I am her Mamma? Aide answered, ok , I will not call her Mamma anymore. Secondly, I asked the Aide not to bring up her financial problems to my Dad's attention. She denied it. But I told her that she should keep her financial problems to herself. My Dad has a tendency of trying to fix everyone's problems. She said, okay. But the next day told my Dad that I assaulted her. She called her employer and complained that I assaulted her too. When my Dad called me after talking to her, he became angry at me and not the way a person should react when once complaining about her asking him for money . I realize she is taking advantage of the situation placing a wedge between my parents and I. My Dad has insisted that I am trying to get her fired. I have told him and my daughters have noticed too, during their visit Thanksgiving week. She has called my home and hung up and when I looked up the number I notice it being her number. My Dad told me that she was told to call the police on me if I come to their home and interfere with her being there. She now has more rights than I have, my Dad tells her employer that she never asked for money and he has never given her any, She spoke of her drug addict husband on numerous occasions to my Dad and I. Even mentioning she did not have money to divorce him yet. Nor does she have money for getting her call fixed. He has given her money to clean out his garage and she has access to his cash box , he keeps beside his bed. I am worried that her drug addict husband is involved in her scheme to get more money out of him. He recently, this summer fixed a strangers' that broke down in front of their home at 3 am. He let them in his home and gave the man over$500 to fix a strangers car. He does not think about the consequences, yet alone the harm her places my Mother in by letting people convince him that they need the money more than him. My brothers live in CA. The say, get the Sheriff to help, they can't do anything about it until after the fact. I am concerned that the Home Health Care Aide is exploiting them. How can I help my parents? Especially when my Dad does not see how naive he really is. Would you advise me suing the Home Health Care Agency? They said, they do background checks, but how about just getting this person out of their home? I don't have Power of Attorney how would I go about getting it , to protect what little my parents have left?


Asked on 12/27/14, 3:16 am

1 Answer from Attorneys

Anthony Smith LawSmith

It sounds Luke you need to apply to become guardian and conservator for your parents. You need to consult directly with a private practice attorney in your area.

Good luck

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Answered on 12/27/14, 3:40 am


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