Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

My mother has guardian ship of my TBI and Quadriplegic

Customer Question
My mother has guardian...

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.

Lawyer's Assistant: Family law varies by state. What state are you in?

Missouri

Lawyer's Assistant: Have you talked to a lawyer yet?

No I have not but his Daughter has.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm afraid for my brother Joel well being and I need help

Submitted: 1 year ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 17 minutes by:
9/8/2017
Family Lawyer: Bill Attorney, Lawyer replied 1 year ago
Bill Attorney
Category: Family Law
Satisfied Customers: 3,002
Experience: Attorney
Verified

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.

We are here to help.

Please follow up with me if you need more information.

In return remember to rate positively today.

You do this by rating 5***** , 4**** or better.

As I'm not an employee of justanswer I rely on your positive feedback in order to get a credit for my assistance to you.

SO I hope you rate FIVE STARS today

Thank You

Attorney Bill

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Bill Attorney Your Own Question
Bill Attorney
Bill Attorney
Bill Attorney, Lawyer
Category: Family Law
Satisfied Customers: 3,002
3,002 Satisfied Customers
Experience: Attorney

Bill Attorney is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
If a mother and daughter team are denying a developmentally
If a mother and daughter team are denying a developmentally disadvantage aunt access to her older brother while also trying to steal the family home property,m doing this in the presents of three kids… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My wife has a brother who is 33yo and has down's syndrome.
My wife has a brother who is 33yo and has down's syndrome. Her father was in an brain injury accident at age 75 and probably wili not ever be able to take care of his son again.....my wife's mother is… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,605 satisfied customers
Both my brother and s wife are mentally incompetent. s wife
Both my brother and his wife are mentally incompetent. His wife suffers from psychosis and receives SSD and my brother suffers from bipolar disorder but is in the court process of receiving SSD insura… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Please bear with me on how my request is structured I have
please bear with me on how my request is structured I have a sister who is making my mother leave her home where she retired too in Puerto Rico my mother is 74 with diabetes and has to have dyalasis 3… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a sister and brother in law that has years been
I have a sister and brother in law that has for many years been smooth talking my elderly parents extracting money from them in the six figures as they have no concept how to work or manage money my f… read more
S. Huband, Esq.
S. Huband, Esq.
Attorney
Doctoral Degree
1,621 satisfied customers
Can my brother power of attorney take my mom from her house
Can my brother power of attorney take my mom from her house and not tell her other 2 daughters where he took her she been gone a week… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,607 satisfied customers
We 't know where to turn so maybe you can help. My brother
hello , we don't know where to turn so maybe you can help. My brother who lives out of state had a long standing relationship with our father, since June of this year he has not been able to get in to… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My Brother has recently been appointed my fathers guardian.
My Brother has recently been appointed my fathers guardian. He has proven over the past 5 years that he will lie and cheat, and unless forced, will not stop. He appears to have a psychiatric disorder … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,949 satisfied customers
my ex son-in-law has custody of my granddaughter and is living
my ex son-in-law has custody of my granddaughter and is living here in Mo close to me, he has her until Jan 1st of every year then my daughter gets her from Jan 1st to June 1st she resides in NC, my d… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
i separated from my sons mother 14 years ago , her brother
i separated from my sons mother 14 years ago , her brother took custody, i offered help and support, to be threatened with false imprisonment, she wanted me to have nothing to do with him and no oblig… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Hello,My name is XXXXX XXXXX this is my question. My mother
Hello,My name is XXXXX XXXXX this is my question. My mother and father have been seperated thirty years and have lived in different residence's for that time also. My father has had Alzheimers for sev… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
my 14 year old grand daughter has told her father that she
my 14 year old grand daughter has told her father that she wants to live with her mother and dispense with one week on and one week off custody. Her mother has gone to an attorney to have a guardian a… read more
AttyKLG
AttyKLG
JD (law degree)
75 satisfied customers
Hi. I had my brother involuntarily brought to the hospital
Hi. I had my brother involuntarily brought to the hospital for psychiatric evaluation. Both my parents passed away 18-20 years ago. What is my legal responsibility to him. Or should I file something i… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
I have a serious question about custody. My daughter Andi
I have a serious question about custody. My daughter Andi is with is in Palmer Lake and I need to ask a question about custody… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
My brother-in-law is the legal guardian of my mother-in-law.
My brother-in-law is the legal guardian of my mother-in-law. They both live in Louisville, we live in Cincinnati, and the two sisters live in Massachusetts. The brother is a hopeless alcoholic, and wa… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
My Mom is 83 years old and for approximately 2-3 years has been paying into sweepsta
My Mom is 83 years old and for approximately 2-3 years has been paying into "sweepstakes" saying that she will be paid money if she sends in a processing fee. Despite my efforts and my sister and brot… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
I have durable power of attorney for asset management for my
I have durable power of attorney for asset management for my mom (Washington State), and it specifies that should a it be necessary she wants me to appointed as guardian or conservator of her person a… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
Complicated right direction please. A accident my sister
Complicated right direction please. A accident my sister had brain damage and for over three months my brother and families didn't know if she would survive. My brother and sister in law were separted… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x