Legal Question in Elder Law in Illinois

Disability

What is the law concerning a parent who appears to not be able to handle their finances because of either Alheimers

or age and what must be proven to the courts.


Asked on 11/12/03, 7:54 pm

1 Answer from Attorneys

David Hicks David M. Hicks & Associates

Re: Disability

First, you need to see if there is a power of attorney for property that has been signed by the parent. If so, then the person nominated in that document would have control, unless it is contested. Secondly, see if any of the accounts are joint accounts. If so, then the other person can handle paying the bills from that account. Thirdly, go to the courthouse and and ask to file a petition for guardianship for the person and/or estate of your parent. If everyone gets along in the family and can agree to the guardian, you shouldn't have to hire an attorney and it will be relatively inexpensive.

Hope this helps.

Sincerely,

David Hicks

David M. Hicks & Associates

Attorney at Law

6201 W. Main St., Suite 110

Maryville, IL 62062

618-343-0901

Disclaimer: This e-mail should be construed as legal information and not legal advice. No attorney-client relationship has been form or accepted. For legal advice to the particulars of your case, it is recommended that you consult an attorney.

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Answered on 11/13/03, 9:23 am


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