Legal Question in Elder Law in Illinois

My grandmother has alzheimers and lewey body dimensia and her 3 dr's all said she is incompetent to care for herself in anyway (including financially). Her PCP has written a letter stating this fact. Do we have to tell her before we go to court?


Asked on 5/02/11, 1:28 pm

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

Do you have to? No. Should you? Maybe!

Guardianship proceedings can trigger serious emotional backlash from a person who has only lost some of their faculties. Even worse, there are some jurisdictions (e.g., Cook County) that will not let you terminate proceedings in many cases. One or two attorneys may be appointed in regards to your grandmother's interests, and their fees may be ultimately payable by the person who files the petition (i.e., YOU!).

Before filing any Petition for Guardianship, I strongly recommend that you discuss your situation with an attorney. I've spoken to quite a few people who have pursued other options after having an introductory conversation on Guardianship. Feel free to call me for a free consultation.

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Answered on 5/02/11, 2:51 pm


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