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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: 9 months ago.Category: Family Law
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Answered in 17 minutes by:
9/8/2017
Family Lawyer: Bill Attorney, Lawyer replied 9 months ago
Bill Attorney
Category: Family Law
Satisfied Customers: 2,431
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.

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Thank You

Attorney Bill

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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).

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