Illinois | Wills and Trusts
Legal Question
Can a daughter contest a POA over her father if her son holds the POA?
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Legal Answer
If her father has lost the capacity to manage his finances or his daily, personal needs, then she could petition to be her father's Guardian and to set aside the POA. However, her chances at winning on this depend on many different circumstances. Some of these include: how long has her father been incapacitated, the character of the incapacity, how long ago the POA was signed, what actions have been taken by the son that currently holds the POA.
If you'd like to discuss this, feel free to give me a call. I don't charge for introductory phone calls.
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Law Offices of Steve Raminiak, P.C. 121 South Wilke Road, Suite 406 Arlington Heights, IL 60005
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Legal Answer
It is unusual that your father gave the power to your son (his grandchild) instead of you. Maybe he had a reason. The court would have to consider that.
A great deal more needs to be know before advice can be given on how to proceed. For example, do you suspect elder financial abuse of your father by your son?
You may visit my website at: www.legacylaws.com.
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Law Offices of Gregory P Turza 350 S Northwest Hwy #104 Park Ridge, IL 60068
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