Legal Question in Elder Law in Illinois

My mother and her brother is co-owners of a 2 flat building which he lives in one unit she in the other. My mom has alzheimer's and was recently put in a nursing facility. I have POA regarding her affairs and health care. The problem is her brother refuse to allow me entry into her unit to retrieve her personal belongings. I have tried on several occassions and he has called the police on me. I showed the officer my POA and they will not enforce it because they say I don't live there. I have to purchase new clothes ect for my mom not to mention I can't get other personal family items...I am unemployed and cannot afford an attorney what can I do to make my uncle honor my POA!


Asked on 2/05/12, 1:58 pm

2 Answers from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

If the police will not help you and your uncle refuses to honor the POA, you need to hire an attorney. No other choice

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Answered on 2/05/12, 2:26 pm
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Under the POA, you stand in your mother's shoes and should be given access to her unit. If the beat officers will not see that you are given access, you may want to first do a couple of things: 1) Go to t he Riverdale PD, and talk to a supervisor, preferably a Watch Commander, and explain the situation to that person and ask that someone accompany you to your mother's apartment. I am assuming that you have keys to the apartment. 2) If you don't get any cooperation from the police department, go to City Hall and see the City Attorney with a copy of your POA and explain the situation to him or her. They may be willing to intercede with the PD and get them to assist you. If you have keys, I don't see how the brother can keep you out. If all this fails you will have to go to the Daley Center and file a petition on the 12th floor for guardianship of your mother. Since you already have her POA, this should be fairly simple. However, it is best that you hire an attorney or at least consult with one. Since your mother owns property, the attorney may be able to figure out how to liquidate some of her assets to pay his/her fees.

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Answered on 2/05/12, 4:48 pm


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