[MO] [MO] Can a person with Alzheimer’s sign over POA?

Lexi, Chatbot

I'm sorry to hear about your mom's situation. Has she been formally diagnosed with Alzheimer's by a medical professional?

Lexi, Chatbot

Have you consulted with an estate planning attorney regarding the trust and POA?

Lexi, Chatbot

Is there anything else the estate lawyer should know before I connect you?

Andres Sanchez

Hello! I'm Andres Sanchez, an estate law expert. Thanks for reaching out during such a challenging time. I'm here to help guide you through your mother's situation regarding her Alzheimer's diagnosis and the trust. What state are you in?

Andres Sanchez

Thanks. Since your mother has Alzheimer's and couldn't demonstrate understanding during the POA signing, she likely no longer has legal capacity to sign documents. But here's what you can do:

1. Check the Trust for Successor Trustee Language

• Review the trust document to see if a successor trustee is named.
• If your dad was the original trustee and your mom is now incapacitated, the successor trustee may be able to step in without court involvement.
• If no one is named or the trust is unclear, you'll need to petition the court for appointment.

2. Petition for Guardianship & Conservatorship

• File a petition with the probate court in your mom's county.
• Include medical documentation of incapacity.
• A judge will appoint a guardian for personal decisions and a conservator for financial/legal decisions.
• You'll receive legal authority via Letters of Guardianship/Conservatorship, in keeping with Missouri law.

3. Emergency Conservatorship (If Urgent)

• If bills or care expenses need to be paid and access is blocked, you can request emergency conservatorship while the process is pending (475.075.15 RSMo).

4. Medicaid & Long-Term Care Planning

• Conservators can apply for Medicaid if necessary.

Andres Sanchez

Understood. Since Julius is the successor trustee but financial institutions won't accept him without proof, here's what to do:

1. Get a Doctor's Statement of Incapacity

• Request an official letter from her doctor stating she has Alzheimer's and cannot manage financial matters.
• Some banks/retirement plans may require two doctors, so it's a good idea to verify their policies.

2. Submit Statement

• Once received, submit the statement to the institutions in which your mother and father kept the assets you want to manage. This should trigger access under the trust.

3. If Retirement Plan Won't Accept the Trust

• Some plans require a power of attorney document and won't work with a trust.
• Ask about their incapacity process. Some accept court-appointed conservators instead.

4. File for Conservatorship If Necessary

• If they still block access, Julius should file for conservatorship.
• This gives him legal authority over all financial matters, including the retirement plan.

Andres Sanchez

Fill out the Petition for Appointment of Guardian and Conservator. The packet also includes:

• Exhibit A – Financial Statement
• Exhibit B – Interested Persons
• Exhibit C – Consent of Proposed Guardian/Conservator
• Exhibit D – Designation of Resident Agent
  
• Exhibit E – Witness List
  

Remember, you'll also need a physician's statement regarding the respondent's capacity. 

Andres Sanchez

You're welcome. I hope everything works out for you.