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Missouri Elder Law Questions & Answers
Q: Solar panel loan deception for 83-year-old in Missouri.
I've been dealing with a situation where a solar panel company signed us up for a loan, but the signer, who is 83 years old and not fully aware, did not realize it was a loan agreement. There were no written documents provided, just a tablet for signing. When we reached out to the finance... View More 
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James L. Arrasmith
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answered on Aug 31, 2025
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answered on Aug 31, 2025
When a company signs someone up for a loan, it has a duty to ensure the person understands what they are agreeing to, especially when the agreement involves a large financial obligation. If your 83-year-old family member was not provided with written documents and only asked to sign on a tablet,... View More
Q: Lease non-renewal received with quick move-out date, extension refused. What options do I have?
I received a non-renewal notice for my year-to-year lease on July 28th, with a requirement to move out by July 31st. When I requested a week's extension, it was refused, and I have this refusal in a text message. The rent is paid current. There were no issues given for the non-renewal. My... View More
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James L. Arrasmith
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answered on Aug 29, 2025
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answered on Aug 29, 2025
A landlord generally must give proper notice before ending a year-to-year lease, and a three-day move-out demand is usually not considered reasonable notice under most state landlord-tenant laws. If you were only given three days to vacate, you may have grounds to argue that the notice is invalid,... View More
Q: 92-year-old mother receiving inadequate care; solutions needed for better caregiving and POA concerns.
My 92-year-old mother lives at home and my sister has Power of Attorney and control over her finances. My sister and brother are her caregivers, but they provide inadequate care, and their actions raise concerns. For example, my sister uses my mother's credit card and van for personal use, and... View More
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James L. Arrasmith
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answered on May 15, 2025
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answered on May 15, 2025
vYou are in a difficult situation where your mother's care is inadequate, and her Power of Attorney (POA) is being misused by your sister. Since your sister has control over your mother's finances and medical decisions, you may want to consider contacting an attorney who can review the... View More
Q: Am I liable for my father's safety as he becomes more confused?
My father, who is 94 years old, has been exhibiting signs of confusion constantly, especially since having Covid multiple times. Despite having a power of attorney in place, he insists on living alone and often forgets important appointments, such as missing a recent doctor's appointment. I am... View More
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James L. Arrasmith
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answered on May 14, 2025
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answered on May 14, 2025
What you're feeling is completely understandable—watching a loved one become more confused and vulnerable is heartbreaking, especially when they insist on maintaining their independence. Having power of attorney means you have the legal authority to act on your father's behalf when... View More
Q: If someone has been publicly harrassed, stalked, been kept @ home using threats. Much more. The police will not help.
I've been harassed by women using megaphones to insult me on my street, breaking into my house while I'm gone or asleep. There's been theft, vandalism, identity theft, assault, harrassement, utility theft, and someone has put some kind of two way audio setup so that they can talk to... View More
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James L. Arrasmith
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answered on Jul 20, 2024
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answered on Jul 20, 2024
Dealing with harassment and lack of police support can be incredibly frustrating and frightening. In your situation, gathering as much evidence as possible is crucial. Document every incident in detail, including dates, times, and descriptions of the events. Photographs, videos, and audio... View More
Q: Can a disabled senior citizen be evicted because the home failed inspection on section 8?
I am in a home that has failed inspection every year for the same thing. Now they want me out so they can fix it and re-rent it. There is NO foundation under the house. I have lived here since 5/28/20. I have tried to find a place to live but can not due to the $$ for fees. I live on a very SMALL... View More
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James L. Arrasmith
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answered on Oct 23, 2023
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answered on Oct 23, 2023
In Missouri, landlords are obligated to provide safe and habitable housing. If a property repeatedly fails Section 8 inspections, it's an indication that the housing may not be safe or suitable for habitation. A tenant's eviction due to the landlord's failure to maintain the property... View More
Q: My mother died intestate. Can Medicade Recovery override an Affidavit of Heirship?
We hired a probate attorney, and were informed that the recovery is about the value of her real property, and we cannot win against the state. Nothing had been filed in court yet so, I paid the attorney and we stopped the process. She was over 55 and lived alone, never in a nursing home. I do... View More
Lloyd Nolan
answered on Nov 3, 2022
answered on Nov 3, 2022
The State of Missouri has a limited time in which they can recover payments made on behalf of a decedent through medicaid. If the State follows all the requirements within the proper time frame they can enforce their claim. The State of Missouri can open an Estate for the deceased, if necessary... View More
Q: Can someone sue an individual who directly misuses them financially? I'm disabled.
This man was homeless and I chose to help him, he used me, he has money, and always did, he pretended to care for me, to keep a roof over his head. He is abusive.
Linda Liang
answered on Jul 10, 2021
answered on Jul 10, 2021
It depends on what you want him to do. You can ask him to leave. If he refuses, you can sue to eject him.
Q: My 90 yr old mother wants to sell her home and give the money to her 3 children.
She lives with me and I was wondering if we would have to pay the money back if I have to place her in a nursing home?
Sharon M. Siegel
answered on Jun 9, 2020
answered on Jun 9, 2020
It depends on several factors. For example, did the children contribute to the upkeep of the house, other gifts she has made and is she competent, just to name a few. There are more beneficial ways of doing this transaction which will satisfy her goals. You should consult an attorney.
Q: I have financial POA over my grandfather, can I add myself as a beneficiary on his deed?
He has no will. I’ve been living in his hook me caring for him for over a year. In February he was going to add me as beneficiary on his deed. The pandemic closed the courthouse until this week. He is now incapacitated and can not do so. Can I add myself as beneficiary? The financial POA states I... View More
David S. Schleiffarth
answered on Jun 5, 2020
answered on Jun 5, 2020
Typically, if a POA grants a power then it is legal to exercise that power, assuming doing so doe not conflict with any limitations or restrictions given in the document. Another important caveat is that said power is being exercised in good faith and in keeping with the principal's interests.... View More
Q: Spouse is Guardian & commits adultry in state of MO & spouse is incapacitated what can be done
My sister's husband was granted guardianship & conservatorship his name isn't on her home but he has moved his ex in my sister's home. We would like to know how to advocate for my sister who is incapacitated
Lydia Seifner
answered on May 9, 2018
answered on May 9, 2018
You could apply to become a substitute guardian, talk to an attorney in the county where your sister's guardianship is filed.
Q: What can the family do to protect a family member who is mentally incapacitated (due to stroke) living with another
family member who is also mentally unstable?
Kristi Burmeister
answered on Jan 27, 2018
answered on Jan 27, 2018
Sorry to hear you are dealing with this. You could petition the Court for a guardian or a conservator to step in and make sure your family member is being cared for properly. If your family member is in immediate danger of some sorts, obviously call the police. Getting a guardian or conservator... View More
Q: Can POA sell property
The property that is been sold was left to me in a will the other property goes to her what happen what happen to the bal of the money from the sell if he dies will that come to me or her
Kenneth V Zichi
answered on Jun 28, 2017
answered on Jun 28, 2017
The answer depends on how the will is worded. If you receive the property and ONLY the property, if it is not owned at the time of death, the 'gift' is not effective. If you were given the 'property or its proceeds' then you'd get the money earned from its sale. That is a... View More
Q: should I contact the company's owner if the front line management won't address abuse in a nursing home
Adam Studnicki
answered on Jan 15, 2016
answered on Jan 15, 2016
That's an option. Talking to an elder law or nursing home abuse lawyer about your rights and potential avenues of action is another option.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT... View More
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