Legal Question in Elder Law in Illinois

in the state of illinois is it possible to change/challenge a power of attorney for an elderly individual? this individual is not being taken care of properly (no hot water and the plumbing in the house is not working properly). the individual who has power of attorney does not live in the same house as the elderly individual, this elderly person lives alone.


Asked on 5/10/10, 7:41 pm

2 Answers from Attorneys

Tom Olofsson Law Office of Thomas J. Olofsson

The Public Guardian may be able to step in if the person appointed as agent under the power of attorney will not do the job.

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Answered on 5/18/10, 4:53 pm
Steve Raminiak Law Offices of Steve Raminiak, P.C.

Yes. You can initiate Guardianship proceedings if you believe that the agent (under a Power of Attorney) is not acting in the elderly individual's best interests. However, such proceedings can be quite expensive and, if you do not prevail in your case -- all expenses could be allocated to you, personally.

If you prevail, most costs (if not all) will likely be allocated to the elderly individual if s/he has money to pay such costs. If s/he does not, you would likely be on the hook for whatever s/he can't cover.

You may wish to work with the Public Guardian's office if you would prefer the appointment of a government agency as the elderly individual's Guardian. You can initiate that process without opening yourself up to the costs of the litigation.

Feel free to call me to discuss this further. I won't charge for the phone call.

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Answered on 5/19/10, 7:14 am


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