Legal Question in Elder Law in Missouri

Durable Power of Attourney

My mother has been named by my aunt as her durable power of attourney. My aunt is 79 years old and has a mental condition known as Bi-Polar disorder from time to time she has delusions and hallucinations but is not suicidal nor does she threaten the life or property of anyone else, she is able to drive her car and take care of her own business and personal needs, shopping, and cook for herself. She does have episodes wherin she makes accusations to other family members about things that she thinks they have done against her, and she may have verbal altercations with them over these paranoid thoughts because she thinks they are out to get her.

Family members are asking my mother to do something about this, but I don't know what can be done legally, and I am under the impression that unless my aunt becomes a threat to either herself or someone else there really isn't any actions my mother can take; could you tell me what legal responsibilities that my mother has in this situation. We know that my aunt needs to seek mental help but can we do anything more than give strong verbal encouragement to her to do so?Please explane which actions can and cannot be taken.

Thank you,

Tamra


Asked on 1/31/05, 1:15 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: Durable Power of Attourney

As you mentioned, the Power of Attorney is probably the best avenue by which to get involuntary mental health care for your aunt. Without knowing anything about its parameters, I can not advise as to whether it is sufficient to act.

If it is not, and yoru aunt's behavior starts to threaten her or other person's health, a concerned family member could apply through the Probate Court in your aunt's home county to be appointed Limited Guardain of her for health care decisions.

Find an attorney near where your aunt lives to advise your further. If she lives within 30 miles of Kansas City, I may be able assist you. Otherwise, contact the local bar associations in your aunts area to locate a probate or estate attorney.

Good Luck

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Answered on 2/09/05, 12:49 pm


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