Legal Question in Elder Law in Illinois

My friend's mother-in-law refuses to give her son a power-of-attorney because she's afraid he will put her in a nursing home. She lives in another state and the main home help she's hired is unreliable and steals from her. She won't allow anyone else to come into the home except some VA workers she has because of her deceased husband's veteran status, but they only come once a week as well. She can't care for herself as far as basic hygiene and bodily functions, has a broken leg that she refuses to have surgery done on, and my friend and her husband are getting calls from the local office on aging with complaints that no one is taking care of her. She really needs to be in a care facility, but refuses. Since he can't talk her into it, should he try to have her declared incompetent or is there another way? He's her only child and she has no other relatives living anywhere near her.


Asked on 9/10/09, 8:55 am

1 Answer from Attorneys
Steve Raminiak Law Offices of Steve Raminiak, P.C.

If your friend's mother-in-law can no longer manage her finances or has become unable to make reasonable decisions about her health and day-to-day living, your friend should consider petitioning to become her guardian. If they can't agree on a course of action, and if your friend's mother-in-law cannot make reasonable decisions for herself, then a Guardianship is the best, and practically only, next step (for Illinois residents).

In Illinois, one can pursue a limited guardianship which allows a disabled person to retain certain rights and liberties. Feel free to give me a call and we'll discuss this further.

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Answered on 9/15/09, 10:22 am


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