Legal Question in Wills and Trusts in Illinois

My father is ill and another family member has recently been made financial and medical power of attorney, citing the reason that I don't live nearby. I feel that the family member persuaded my father into this and that they this person is untrustworthy and will be even more so in the event of incapacitation or death. He states that his will leaves everything to me as his next of kin but I feel that this family member will make sure that I don't get it in the end. Is this a possibility? What do I need to worry about and how should I protect myself and his grandchildren in this scenario?

Asked on 9/18/13, 12:07 pm

3 Answers from Attorneys

Joseph Brabender Brabender & Chiang LLC

If your father is mentally competent, he can designate anyone he likes to be his agent for a POA. If he is not competent or there is undue influence, the POA may be invalid.

If you are worried about misconduct, you should consult with a probate/guardianship attorney immediately - it is much easier to prevent damage then to undue it in the future.

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Answered on 9/18/13, 12:14 pm

Virginia Prihoda Law Offices of Virginia Prihoda

Your father is presumed to be of sound mind. He can do what he wants. The first priority is for his care and well being. Maybe you should visit and see what's really going on. If it appears there is some questionable behavior, you can go t court and seek to be his Guardian. If you were his guardian you would be responsible for his care and his financial affairs. Is this what you want?

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Answered on 9/18/13, 12:58 pm
Henry Repay Law Offices of Henry Repay

I agree with the earlier answers you have been given. If there is a concern, then guardianship would be warranted and heading off losses is easier than recouping them. On the other side, however, if the guardianship is not appropriate, your attempts to have one established may lead your father to question your intentions. If you are able to meet with a local attorney, that would be well advised. Appropriate time spent with your father, if possible, may provide you with a better background to bring to the meeting with the attorney.

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Answered on 9/18/13, 1:55 pm

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