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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35795
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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What is the process to get guardianship for a senior

Customer Question

What is the process to get guardianship for a senior citizen? Or is there an other term, this is a married couple ages 80 and 76 they are homeless and their son continues to take their money. They are currently in 2 different shelters
JA: What state are you in? It matters because laws vary by location. Has anything been filed or reported?
Customer: MO
JA: Anything else you want the lawyer to know before I connect you?
Customer: I tried to file an adult protection service but was told I needed an address
Submitted: 3 months ago.
Category: Legal
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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In order to get a legal guardianship, the petitioner has to file a formal guardianship petition in the local probate court and provide proof, normally in the form of doctor's reports, that the proposed ward is unable to care for themselves and their basic needs. The judge will appoint an attorney for the ward to compile a report as well as having a report done by a court investigator. Then the judge will review all the reports, talk to the proposed ward, and make a decision about whether they are legally competent or not..

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But if the son is essentially stealing their money, you can file a formal complaint for "elder financial abuse" with the local DA and/or the state Attorney General's Elder law division and they can investigate to see if anything unlawful is occurring here.

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thanks

Barrister