Missouri Recent Legal Answers from Lawyers

Consult with a local guardianship attorney about applying for guardianship.  It may be awarded if your daughter is unable to provide for her food, shelter or medical care, allowing the guardian, in some states, to consent to medication and to bring her to a psychiatric facility for an evaluation -- but not to admit her against her will.... Read More

While Medicaid is a federal program, it is administered by the states.  Each state administers it a bit differently and has slightly different rules.  You might want to find a lawyer in your mother's state using the Find a Lawyer function of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

You can file a grievance with the state bar, including a copy of the engagement agreement and an affidavit that the Will was never produced. You can hire someone else to probate your father's estate as an heirship proceeding. While someone can be subpoenaed, that can happen only if there is an active court case.  No one can be forced to tell the truth.  ... Read More

A Durable Power of Attorney must be executed before a notary public.  Do not just cross out names and write in new ones.  Remember that to be effective a Durable Power of Attorney with regard to real estate a Durable Power of Attorney must be recorded in the deed records where the property is located.... Read More

Are the homes listed as husband and wife?  If so, and assuming there is no will or trust disposing of the property, I would say that the surviving spouse most likely will keep the property.  Keep in mind I have not seen the deeds but MO does protect spouses even if they aren't on the deed but in these cases you are implying that you both are on the titles as husband and wife.  Is that correct?... Read More

Supplemental Security Insurance has several "ticket to work' programs during which a work attempt is not penalized.  Following this, there is extended Medicaid and, following that, a Medicaid Buy-In program. Social Security Disability Insurance has a nine month ticket to work period. If you cannot find reliable information at www.ssa.gov, from your local Social Security office or googling reliable souces (such as Social Security disability attorneys) online, you might try the National Organization of Social Security Claimant Representatives.        ... Read More

Some special needs and elder law attorneys (and some probate attorneys) handle guardianships.  Your state may or may not require additional training.  If it does, you will need an attorney who has received that training and qualified.  Call the Missouri State Bar to ask.  You can then check with the Special Needs Alliance or use the Find a Lawyer function on the website of the National Academy of Elder and Special Needs Law Attorneys (www.naela.org).  If your son is high functioning and your state has Supported Decision Making Agreements, that may substitute for a guardianship.  Also check to see whether your ex has timely filed an inventory, annual accountings and reports on your son's well being for court auditing.  Based on your description, that seems unlikely and would be grounds for removal.... Read More

If I understnad you correctly, you had a contract with the company to provide you with tickets and merchandise in exchange for $100.  The company breached the contract  by failing to provide the merchandise.  Assuming that these are the facts, this is a classic breach of contract claim.... Read More

Would be silly to sue over this.  These people have an endless array of issues to resolve in their paperwork.  Whenever you are dealing with issues like this it is important to send all information, certified return receipt requested, so that you have a date and proof that they have received what you send.  You should always save a copy of what you send and staple the green card to it when you get it back.  Keep a diary of all contacts you have with the company and the full names of the people you talk to. Undertand that they can lose what you send.  Be polite.  Ask for them to resend what you do not get   Calendar to follow up at least every two weeks.  You will get your benefit and not have to pay a lawyer which for issues like this is a waste of money.  Good luck to you.... Read More