Legal Question in Wills and Trusts in Illinois

I don't know what a "CNA" is (certifed nursing assistant maybe?) but the key issue is competency. If he is still able to direct his own affairs he can do what he wants with his own money.

Be careful not to abuse the power of attorney. You are his agent which means you have to do HIS bidding even if you disagree. You don't have any "rights." He has the rights. You have to honor that.

That said, you are right to do what you can to protect him if he is being taken advantage of in a frail state by his caretaker. Happens all the time. But ultimately, if he still has his faculties there's no law that says he can't give his own money away.

Powers of attorney can be written to permit the agent to do estate planning but the standard power is not enough. It has to be specifically provided for. But if he still has decisional capacity he doesn't need it. He can sign his own documents, living trust, etc.

For free information go to www.legacylaws.com and click on "Incapacity planning." Good luck.

Mr. Turza offers some excellent comments. However, if you believe that your father lacks the ability to make financial decisions, you can prevent him from making any gift if you have him adjudicated to be disabled by a Court of law. By doing so, you might then be able to act as his Guardian. If you'd like to explore this, feel free to call me. I won't charge for the phone call.