In Missouri, legal guardianship is provided to a family member when a loved one is mentally incapacitated. These assignments help prevent unethical actions, such as the sale of the individual’s assets. A family law lawyer in Blue Springs, MO helps family members acquire protection against the unethical treatment of their loved one and protects their assets.
Establishing Diminished Mental Capacity
When obtaining guardianship for an adult, the petitioner must show the individual is unable to care for themselves. Typically, the adult has a mental disorder or has been diagnosed with a condition, such as dementia or Alzheimer’s disease. Medical records provide substantial evidence to prove diminished mental capacity.
Gaining Control Over Financial Assets
The guardianship provides the petitioner with control over the disabled adult’s financial assets. The power of attorney allows them to use the financial assets to pay the individual’s expenses. This includes paying for nursing care, household bills, and other costs. They also manage the individual’s assets.
Stipulations of Guardianship Assignments
The standard stipulations prevent the guardian from selling the individual’s properties or assets. The law offers protection against the unethical use of the assets to ensure that family members receive their inheritance as outlined in a will. For example, if the new guardian isn’t entitled to the property in the will, then they aren’t allowed to make decisions about the asset. The added stipulations prevent caregivers from taking advantage of the disabled adult.
Protection Against Other Parties
The guardianship also helps family members protect the individual’s assets from others. For example, a family member cannot step in and make decisions for a disabled parent if a different family member is the parent’s legal custodian. The assignments stop other family members from seeking financial gain from their parent’s current mental status.
In Missouri, guardianship of an adult requires the petitioner to prove the individual is mentally incompetent. The individual cannot take care of themselves due to a mental defect. Medical records and a proper diagnosis is needed to support the claim. Petitioners who need help can contact a family law lawyer in Blue Springs, MO or click here for more details now. You can also visit them on Google My Business.
