Legal Question in Elder Law in Missouri

Re: Elder abuse

An executor of a will has no power to do anything until the will is probated and the court officially appoints her as the personal representative. A power of attorney is a voluntary document that permits someone to act on behalf of the elder. It does not give her "power over her." Rather, it permits her to act for her mother's benefit, but any action that serves the interest of herself is considered self-dealing. So if in putting her name on the bank accounts and in titling the house in her name she is acting for her own benefit, and not that of her mother, she is breaching a fiduciary duty, and is subject to suit.

The trick is, only the person who gave her the POA may sue. That is, unless you are appointed as the guardian. Under MO law, if you believe your sister is taking advantage, you and the others can petition the probate court for an order of guardianship over your mother. The court will then hear the evidence and decide who should be appointed guardian. If you are appointed you can then unwind the deals your sister made, or, if necessary, sue her to force her to unwind them.

You should probably contact an attorney in your area to help you sort through all this. Also, financial exploitation of the elderly is a crime and should be reported to H&SS Division of Aging to be investigated.

Good luck.

Re: Elder abuse

if your mother doe snot indicate an unwillingness to see you or your siblings, you should visit her and assess her situation for yourself. If you still feel she is being abused, then Petition the Court to have an Garudain and possibly a Conservator appointed for her.

If you feel that if sher were nto so medicated, she could protect herself, bring your concerns about overmedication to her doctor. Perhaps the doctor can help your mother regain some control.

Good Luck