Legal Question in Elder Law in Missouri

Getting POA from patient starting serious dementia

My father-in-law's mother is suffering from early stages of dementia and is to the point she needs to be placed in assisted living. She refuses to admit problem and won't let him take care of any financial affairs. I'm afraid we're too late to protect the estate from medicaid taking everything, but need to know where to go to get the MO laws and regulations. Basic question is: what should first steps be? Can POA be obtained without her consent since she's not completely incapable yet? And is there any hope for the savings--his name is already on everything along with hers.


Asked on 12/01/04, 10:55 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Re: Getting POA from patient starting serious dementia

You probably will not be able to obtain a power of attorney that could withstand a legal challenge, if she is now incapacitated. However, she is the one who would be trying to undo the attorney in fact(person operting under a power of attorney)'s actions.

so, if it is a matter of preserving her assets for her, she might not ever bring the claim to disavow the actions of the attorney in fact.

If she is incapable of taking care of herself physically, You might be able to convince her of the benfits of moving. But, if not, you will likely have to have court appoint someone Guardian for her. You would do well to hire an attorney to handle that for you. The added bonus is that if the Court grants a Guardianship petition, they may also grant a limited conservatorship, which would be to protect her assets.

Good Luck,

Tony Smith

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Answered on 12/03/04, 10:44 am


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