Legal Question in Disability Law in Illinois

my brother is incapacitated, can't find his will or know if he has one. can his son obtain power of attorney without consent or signature from his father? or does he need to wait until his father's death before he can do anything?


Asked on 12/20/10, 1:02 pm

1 Answer from Attorneys
Stephen Messutta

If you are saying your brother is disabled but has a son who is of legal age, the son can apply to a court to be named his father's guardian. A power of attorney requires that the grantor of the power requires legal capacity, and it sounds as though your brother doesn't meet that requirement; hence an attempted grant of power could be challenged in court.

Read more
Answered on 1/08/11, 11:10 am


Related Questions & Answers

More Disability Discrimination Law (ADA) questions and answers in Illinois