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Bill Attorney
Bill Attorney, Lawyer
Category: Family Law
Satisfied Customers: 1297
Experience:  Attorney
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My mother has guardian ship of my TBI and Quadriplegic

Customer Question

My mother has guardian ship of my TBI and Quadriplegic brother. She has a Schizophrenic brother of mine helping take care of him. My sister is a Hoarder and taking him to her house for weekends and also is a care taker.
JA: Family law varies by state. What state are you in?
Customer: Missouri
JA: Have you talked to a lawyer yet?
Customer: no I have not but his Daughter has.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'm afraid for my brother Joel well being and I need help
Submitted: 1 month ago.
Category: Family Law
Expert:  Bill Attorney replied 1 month ago.

Dear Customer,

Thank You for posting your guardianship legal question in Missouri today . If your mother is not executing the position as guardian in good faith you may petition the court for her removal.

The grounds for the removal of a guardian are contained in this statute:

"473.140. If any personal representative becomes mentally incapacitated or is convicted of a felony or other infamous crime, or becomes an habitual drunkard, or in any manner incapable or unsuitable to execute the trust reposed in him, or fails to discharge his official duties, or wastes or mismanages the estate, or acts so as to endanger any corepresentative, or fails to answer any citation and attachment to make settlement, the court, upon its own motion, or upon complaint in writing made by any person interested supported by affidavit, after notice to the personal representative, and to the attorney of record, if any, of any personal representative who cannot be served with notice in this state, shall hear the matter and may revoke the letters granted."

"75.110. 1. When a minor ward has attained the age of fourteen years, the guardian of his or her person may be removed on petition of the ward to have another person appointed guardian if it is for the best interests of the ward that such other person be appointed. When the spouse of an incapacitated or disabled person is appointed his or her guardian or conservator, such spouse shall be removed as guardian or conservator upon dissolution of his or her marriage with the incapacitated or disabled person. A guardian or conservator may also be removed on the same grounds as is provided in section 473.140 for the removal of personal representatives."

Hence failure to properly carry out her duties as guardian are grounds for her removal and the appointment of a successor; you will need to file a petition with the County Court for a full hearing on her removal.

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Attorney Bill