What are our rights regarding a ill mother?
My husband--name removed--mother recently suffered a stroke and is unable to care for herself. She is married to an elderly man who is also unable to care for himself, and who is mentally incapable of seeing to her care and rehabilitation. He has stubbornly refused to allow family members to intervene and see that she is being cared for properly. They most likely qualify for Medicaid, although he will not cooperate and provide information that is needed to complete the application. What are my husband--name removed--legal rights as her son to override her husband--name removed--control? We believe she may be fearful of him, and we know that she is not receiving the care she needs.
2 Answers from Attorneys
Re: What are our rights regarding a ill mother?
Contact the Missouri Division of Health and Senior Services and they will assist you.
Re: What are our rights regarding a ill mother?
If your husband is convinced that his mother cannot care for herself, and neither can her husband, and that she is in danger, then he can Petition to have a guardian appointed for her. It need not be complete, but rather can be a limited guardian for medical care. Keep in mind, that this will probably not set well with her husband or her.
In most counties, including Jackson, you must have legal representation in order to be appointed. If you wish to discuss this matter further, you may call my office.
Good Luck,
Tony Smith
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