Legal Question in Elder Law in Illinois

An acquaintance of my Mother in law has recently convinced her to sign over a power of attorney to her without any knowledge of my wife. My wife is an only child an my mother in law has only known this individual for a little over a year. Additionally my mother in law seems to exhibit signs of the onset of dementia. This person also convinced my mother in law to sign over the tile of her car. What, if any, recourse does my wife have in this situation?

Thank You!


Asked on 7/25/14, 10:31 am

2 Answers from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

If your wife thinks your mother is unable to manage her affairs, she has to file a petition for guardianship and attack the validity of the power of attorney on the basis that Mom was not competent when she signed it. You will need to find a physician who is willing to examine Mom and will sign the required form for the court.

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Answered on 7/25/14, 10:50 am
Steve Raminiak Law Offices of Steve Raminiak, P.C.

I recommend that you do the following ASAP.

1) Consult with an attorney that is experienced in Guardianship matters. That attorney can assist you in filing Petitions for Guardianship on a permanent or an emergency basis.

2) Make a report to your local Elder Abuse agency, and ask them to investigate this situation immediately. You can find them at: http://www.aging.state.il.us/eps/provider_list.htm

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Answered on 7/25/14, 11:23 am


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