Legal Question in Wills and Trusts in Illinois

Power of Attorney


My brother has Power of Attorney for our mothers health care and financial needs. I am the executor of her trust. The will states if he dies or becomes incapable of performing his duties then I am supposed to take over. He has small cell cancer and he has about 2 months to liveand my mother is incapable of making any decision. I am under the impression that when he dies all I need to take over is a copy of the will and his death certificate. If we need to transfer his power of attorney before he dies what do we have to do? My mother and brother both live in Rockford IL, and I live in Las Vegas NV.

Rick Hecker

Asked on 3/22/09, 8:29 am

1 Answer from Attorneys

Adam S. Tracy Securities Compliance Group Ltd

Re: Power of Attorney

Thank you for your question. Sorry to hear about the predicament you find yourself in.

The power of attorney will extinguish upon your brother's death or incapability to perform. If you are the executor of her estate under the will and the trustee of the trust, it should be a moot point. Are you, in fact, the trustee of the trust and the named executor?

Please feel free to email me: [email protected]

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Answered on 3/22/09, 1:02 pm

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