Legal Question in Administrative Law in Illinois

Living power of attorney

My fiance's mother has been on disability now for about 18 years. She is supposed to inherit her mother's home in Chicago. She has been under the custody of her mother. It is apparent however that her brother is handling all affairs and even has access to her accounts for both women.We are living at the house now for 1.5 years and paying utilities. We are concerned that my fiance's mother gets what is coming to her, the bills and taxes add up to more than she takes in monthly so, for her protection my fiance' would like to know if he has the right to power of attorney or it is more likely that her brother will have control of the house which is next to a property due to be torn down and the owner of that property would like grandma's home too. Rumour is that my fiance's mother will be ruled incompintent and the house then sold by the brother to the owner of the neighboring property. My fiance' also has aunts that would side with the brother for their ''share'' although they are all due to inherit other equity. We have been helping both women to get around etc... but, the uncle arranged part-time home care for my fiance's grandmother. We do not own any property. Does that weigh in on the power of attorney issue?What actions now?


Asked on 12/29/06, 3:40 pm

1 Answer from Attorneys
Zedrick Braden III Ainsworth & Associates PC

Re: Living power of attorney

Hello and Happy Holidays. Your fiance's mother would benefit from

the opening of a disabled person's

estate. Clearly with so many family

members involved, your fiance's mother

is the victim of too much help and

resulting chaos. The Probate Court

of the Circuit Court is the place

where relief can be found. The

appropriate complaint has to be filed

asking for this relief. Your fiance

could file the complaint with the

representation of an attorney and could ask the Court to be appointed

the guardian. The Court would then

appoint a guardian ad litem to visit

your fiance's mother to verify her

disability and the fact that she cannot assume responsibility for her

personal affairs. After 21 years of

practice, I have seen many cases that

are similar to your fiance's. I will

be happy to discuss this matter with

you further and in more detail.

Read more
Answered on 12/31/06, 4:05 pm


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