Legal Question in Wills and Trusts in Illinois

Misuse of Power of Attorney

For convienience sake, my parents authorized my sister as power of attorney.My father passed away two years ago, she placed my mother in a nursing home, remaining in their home. We cut contact with her for a year, because I believed her to be misusing my the POA and my mother's funds.To try to keep peace in the family, details of my parent's affairs are never discussed.She has mortgaged my parents house (she swears it was my mother) and misused credit in their name. I don't know how to prove this. My mother suffers from mild dimentia, but has not been declared incompetent.My sister just lost her job, and is not cleaning out my mother's house to sell off everything, including the house.What can be done to block this?Is there a law that states that proceeds must be given to the nursing home for her care?I strongly disagree with the decisions she has made regarding my mother's care,her home and contents.I want either a joint POA, or neutral guardian appointed to look out for my mother's interests.She put her in a nursing home 30 miles away, even though there are numerous ones that are better and closer. Please help.


Asked on 3/12/02, 10:13 am

2 Answers from Attorneys

Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Misuse of Power of Attorney

I reccomend that you seek a neutral guardian to be in charge of your mother and her estate, and to make any appropriate claims against your sister. This process involves going to court. As the holder of the power of attorney, your sister has an obligation to use your mother's assets for your mother's best interests, not her own. Feel free to call me, Larry Stein, (630) 221-1755.

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Answered on 3/12/02, 10:34 am
Bruce Buckrop Bruce Buckrop

Re: Misuse of Power of Attorney

I whole heartedly agree with Attorney Stein, but you should act fast, because your evidence may be disappearing, and your mothers memory could aid your case at this point, and things like signature verification could be lost, since your zip code is close to mine, I would be interested in your case, Bruce 309 788-2747

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Answered on 3/12/02, 11:54 am


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