Legal Question in Elder Law in Missouri

Parent with Alzheimers-Childrens Rights

My Father in law was diagnosed with Alzheimers. My mother in law is competent but not willing to spend the time or effort to give him the care he needs. She is verbally abusive to him and the children feel that sheis negligent in her "appearance" to care for him. She isn't willing to give the children the opportunity to help with his care, and insists that she is doing the best she can do. The children were forced to leave the property by the local sheriff's dept. at the request of my mother in law. I need to know what rights the children have as far as being able to visit, and help with the care of their father. As of yet he hasn't been ruled incompetent, but is in fact unable to care for himself, the Doctor has prohibited him from driving. Thank you.


Asked on 3/12/00, 8:34 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Parent with Alzheimers-Childrens Rights

You need to see about getting a guardianship/conservatorship for your father. Almost any attorney can handle this. As to being thrown off the property, you should contact the Division of Aging at their toll free number (see www.nursing-home-abuse.net for the MO number). The Division of Aging has power to go in and determine whether an elder is being abuse. If that doesn't work, you should be able to enforce your right to see your father by injunction. Most importantly, you want to get a guardianship set up so you can preserve your father's assets and get him the care he needs to get. You can feel free to contact me if you need additional help. 888-717-7575. I will be happy to refer you to an attorney in your area who does these.

I am in Jefferson City MO and licensed in MO.

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Answered on 3/23/00, 10:30 am


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