Legal Question in Elder Law in Illinois

My mother has had a stroke and I am her only child. I need to get a legal power of attorney signed in order to handle her finances, apply for military subsidy, prescription records, etc. Can I order one of the online forms and have it notarized and witnessed in the hospital without engaging an attorney? Her mental capacity is fine and she has use of her writing hand.


Asked on 2/08/11, 7:36 am

1 Answer from Attorneys

Gregory Turza Law Offices of Gregory P Turza

No, it is not a good idea to use an on-line form. Illinois has just amended its power of attorney statute and even professionals like us are in the process of updating the forms. Moreover, there are many issues that you may not be aware of. Will your mother ever need nursing home care? There are special instructions, not on the form, that would have to be drafted. If she loses capacity later on and she needs to do Medicaid planning it is important to include add these instructions to the Power. Sorry, but I don't advise trying this without representation.

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Answered on 2/08/11, 7:43 am


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