Legal Question in Elder Law in Illinois

Cook County Guardian has plenary guardianship of my mother after my brother and I resigned as POA. However, my mother's home is protected under the trust, and my brother and I are co-trustees. My mother is currently in a nursing home and the house is unoccupied. CCG was advised of the trust but it was never mentioned in court prior to the my resignation. The CCG is now bothering me regarding the sale of the house. I feel they messed up during the court proceeding, and now they expect me to the free leg work of selling the house. Did CCG and the GAL drop the ball regarding the trust, and do I have a fiduciary responsibility to sell the house?


Asked on 8/11/15, 2:15 pm

1 Answer from Attorneys

Steve Raminiak Law Offices of Steve Raminiak, P.C.

I do not have enough facts to tell you if the CCG or the GAL dropped the ball at an earlier point. However, as it stands, it seems as if the CCG is the Guardian and has the fiduciary duty to apply all resources that are in your mother's NAME for her benefit, and you and your brother are the Co-Trustees and have the fiduciary duty to apply all resources that are in your mother's TRUST for her benefit. You should be working together, as you have a common goal. Also, I do not have enough facts to tell you, with absolute certainty, whether you should sell your mother's house and use the proceeds for her benefit. However, primarily, you should consider the extent to which funds are necessary to pay for your mother's care. If your biggest concern is the "leg work," please keep in mind that Trustees are usually, but not always, allowed reasonable compensation for their actions (which could be payable from the proceeds of the house) or you might ask for the Court's permission to transfer the house to the Guardianship Estate and let the CCG take it from there. You may want to have a meeting with the GAL to discuss this. Feel free to call me if you'd like to discuss this further. I will not charge for the phone call. I always provide free consultations.

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Answered on 8/12/15, 8:14 am


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