Legal Question in Elder Law in Illinois

Is this elder abuse? What are options that can be pursued to stop manipulation of elderly mother with signs of senility?

Mother recently widowed and not able to manage financial matters without oversight. I've been helping her alot, but the estate plan is complicated. So, trying to get changes made to add corporate fiduciary to manage affairs with mother as co-trustee. The corporate fiduciary would then become successor sole trustee and executor. There are many beneficiaries that don't get along, so they would also be a neutral 3rd party. Have already hired corporate fiduciary and in process of having lawyer update estate documents to make these changes. Mother was happy with this new arrangement, but now one sibling with successor trustee and financial POA is emotionally manipulating my mother with lies to try to stop her from making these changes. Her motive is retain control over of finances and trust assets. This sibling is irrational and emotionally biased towards some of the beneficiaries. Financial abuse/exploitations by some of my siblings is also present.


Asked on 1/31/14, 9:05 pm

2 Answers from Attorneys
Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

As you say; it's complicated. Get a real consultation with a lawyer right away

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Answered on 2/01/14, 8:03 am
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

I concur with the above. Just from what you've written and trying to take the emotion out of it, it seems to me like you are trying to get your mother who you admit is unable to manage her own affairs to change her already completed estate plan. You have no authority to do this. Whether you like it or not, your mother has already appointed someone to be her executor and successor trustee and has given this person her power of attorney. The matter is closed. At this point you are the one who is interfering with your mother's wishes. I don't know if she is legally incompetent or not. Only her doctor could answer that question. If she is incompetent, then its too late to change her estate plan. If she isn't incompetent but changes the plan at your insistence, then you jeopardize any future inheritence you might receive under a new plan based upon a possible finding of undue influence. Instead of worrying about your mother's estate or what your sibling might do, you need to talk to a lawyer in your area about protecting your own interests in the event of your mother's death or if it appears that you sibling is raiding the estate.

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Best advice is to get a lawyer.

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Answered on 2/01/14, 3:44 pm


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