Legal Question in Elder Law in Illinois

Coercing Alzheimer's (not yet declared incompetent, but is) to revoke POA

My father-in-law has recently moved to an assisted living facility 5 hours away from us. A half-sister, who has been absent from his life for all practical purposes, has resurfaced and now lives only 10 minutes away from my father-in-law. She took him 150 miles to a bank branch that he had his checking account in and had him withdraw $20,000 to put in a joint account with her. Then she had him sign over a new POA to her, and to revoke the one my husband has. She was in prison for 2 years when she was younger, and now she wants control of his money. She had all kinds of nasty things put into the POA (she can give herself and her descendents gifts of his money)and she isn't doing it for tax reasons. In Illinois, can a person legally sign a POA if they are incompetent, but not declared to be so yet? We are in the process of starting the hearings for incompetency. We have been told that the POA may not be valid if he signed it and didn't know what he was doing. He was asked the same day all this transpired if he did anything unusual, and he couldn't remember. He thinks it is 1986. Do we have a chance to help him?

Thank you.


Asked on 9/19/03, 12:13 am

1 Answer from Attorneys
Amy Parise DeLaney Delaney Delaney & Voorn

Re: Coercing Alzheimer's (not yet declared incompetent, but is) to revoke POA

You are absolutely on the right track. If you obtain guardianship over the elder, you will have standing to sue the purported power of attorney agent to invalidate the POA. You will also be able to obtain medical records to determine his diagnoses and mental condition around the time the POA was executed. Just like a minor, an incompetent individual cannot be bound to a contract, and the mental capacity required to sign a POA is considered to be "contractual capacity." Be sure to have a good elder law attorney assisting you in your petition for guardianship and subsequent action against the POA; there may also be statutes of limitation of which you should be aware so you don't lose your case simply because you don't file a legal action on time. Good luck to you and I hope you can help this elder, who certainly needs your help!

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Answered on 9/21/03, 12:33 pm


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