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My brother in the St. Louis, Missouri area, who is70 years…

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My brother in the...

My brother in the St. Louis, Missouri area, who is70 years old has had some mental problems for many years and is supposed to take medications for this. He seems coherent when he talks to me on the phone (I live in the Buffalo, NY area). Recently, he has been in and out of the Behavioral health unit of his local hospital a number of times (the last 6-9 months) . I received a phone call from someone in the Missouri Dept of Health, protective services that he needs to have a guardian/conservatorship and they need to know of someone (presumably, me, the closest of kin) by Dec 13 or they will have a public guardian/conservator. I presumably can do this from afar. I have some concerns such as how to get my brother into a skilled nursing home (which is what the state wants) if I am in Buffalo, and he is unwilling. He apparently goes to the hospital due to being confused or something like that when not on his meds and presumably when he is out of his apartment (although I have not seen this). Doesn’t the state of Missourihave some responsibility here. I think it best if the next of kin be a trustee/conservator but this is actually desired by the state of Missouri. How would I get my brother into a nursing home (which presumably could be identified, if he is unwilling and I am in Buffalo?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Missouri. This is not a real estate pr Orleans

Lawyer's Assistant: Has anything been filed or reported?

Nothing is filed

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

This is a health and protective services problem. Not realestate

Submitted: 7 months ago.Category: Legal
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Answered in 13 minutes by:
11/25/2017
Lawyer: DamienJD, Attorney replied 7 months ago
DamienJD
DamienJD, Attorney
Category: Legal
Satisfied Customers: 5,142
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. The state of Missouri does have a responsibility to appoint a guardian/conservatorship if a family member will not or cannot do it. If your brother is unwilling to go into a nursing home, there would have to be another place where he would have to go. The state will not release him if he is mentally incapacitated. If you are in Buffalo it could be difficult for you to be the guardian.

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Customer reply replied 7 months ago
If the State of Missouri wants my brother to be in A skilled nursing facility wouldn’t I need to send him to such a facility if I was the guardian? My concern is that I would not be able to force him to leave his apartment and go to such a facility if I was the guardian and thus could not perform my responsibility. What other things would be difficult for me as guardian being in Buffalo as opposed to St Louis. Is it better to let the state do this. However I would then have no say in his general care or health decisions. Is this correct.
Customer reply replied 7 months ago
I have one more comment. Presently, he is in a Behavioral Health unit in a hospital, but the social worker said he could be released any way (being on his meds now and coherent) as he is presently a free agent as it were.
Lawyer: DamienJD, Attorney replied 7 months ago

You would have some say. You would make sure you had the guardian's name. Although the guardian would have final decision making the guardian would still have to hear what you have to say. And if you thought the guardian was not doing the job correctly, you would be able to petition the court to remove the guardian. If your brother cannot take care of himself and does not want to live in a facility, then there would have to be home care. However, that may not be medically possible. If an elder or mentally disabled adult does not have the mental ability to make rational decisions, or the individual lacks sufficient mental capacity and would be unsafe living on their own, they could make him go to a facility. It is a difficult situation. So if he could stay at home and get the medical care, then that is a possibility, especially if the meds help him.

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Lawyer: DamienJD, Attorney replied 7 months ago

Hello: I am happy to help you further in this difficult situation. If you want to continue to discuss, just let me know. Otherwise, I hope this works out for you and your brother. Please remember to provide a rating between 3 and 5 for the services that I provided to you.

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Lawyer: DamienJD, Attorney replied 7 months ago

Hello again: Do you have any more questions? Your satisfaction is my goal. If not, I have been happy to answer your questions. Please remember to provide a rating between 3 and 5 stars if you are satisfied with my services at no additional charge to you. Thank you.

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