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Legal Planning for the Elderly

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Guardianships

guardianshipsFor a person with a developmental disability:

A parent has the legal duty to support and care for his or her minor child. In Missouri this means a child under the age of 18. Once your child becomes 18 years of age, he or she is a legal adult. This is true even if your child has a developmental disability. Since your child is now a legal adult several important issues arise. For example, your child may now legally enter into contracts without your permission. You no longer have the right to speak on your child’s behalf, or to obtain medical records or medical treatment, without your child’s consent. You no longer have the right to manage your child’s money. Therefore, in order to maintain these various rights, for your loved one with special needs, you must become that persons’ legal guardian and conservator.

For elderly or other adults with a disability

If a legal adult, age 18 or older, becomes unable to care for  his or her medical needs due to an accident,  dementia, Alzheimer’s, or other incapacitating circumstance, then he or she may need a legal guardian. This often occurs with elderly family members who have always cared for themselves, but due to advanced age and decreased mental ability, no longer are able to make safe and sound decisions regarding their care.

At Northland Elder Law we are committed to compassionately helping you navigate the difficult and emotional process of obtaining  guardianship over your loved one.

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