Legal Question in Elder Law in Illinois

My siblings and signed a POA for our Mom. She was about to have a surgery and her mental capacity was probably at 75 percent. Now ther have been many complications. She is stuck in the hospital and is her mental capacity is about 10 percent. Each of us are feeling overwhelmed and would like not to be POA's. We would like to maybe getto be a Ward of the State. Is this possible?


Asked on 1/26/15, 6:21 pm

2 Answers from Attorneys
Elfreda Dockery Law Office of Elfreda Dockery

Yes. Hire an attorney for the area you are located. I can be reached at 312-372-5600 with additional questions.

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Answered on 1/27/15, 7:42 am
Steve Raminiak Law Offices of Steve Raminiak, P.C.

If you have been acting as the POA, you must act responsibly, but you are not obligated to remain as POA forever. First, ask each of the other persons named on the POA if they are willing to be POA. If so, then you must transition to the next successor agent who is willing and able to act. If not, then the next best step will depend on a number of factors. You may want to file a Petition for Guardianship to nominate a state agency or another family member. You may want to consult with an elder abuse agency (even though no abuse may have been committed, these agencies generally look out for elderly persons who have no one to make decisions for them.) You may also be able to explore other options. In any event, I recommend that you seek out an attorney who is knowledgeable about "Guardianship" matters. Most attorneys, including myself, will provide you with a free consultation so that you can understand this a bit more.

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Answered on 1/27/15, 8:03 am


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