Legal Question in Elder Law in Illinois

I need to know what my legal rights regarding the care of my mother, I have been taking care of and living with my mother for the past six years. Recently my brother has pull out what he says is his "Power of Attorney over her medical and financial care." What legal rights do I have to protect what is legally mine?


Asked on 9/07/10, 9:50 pm

2 Answers from Attorneys

Gregory Turza Law Offices of Gregory P Turza

It sounds like you've been doing all the heavy lifting but your brother has all the control over the decisions. But if your mother is alive and mentally competent then there is nothing that is legally yours. If she has lost decisional capacity and you and your brother cannot agree as to her care then your only option is to petition the court to have yourself or someone else appointed guardian. One final note: If you really are living with her as opposed to next door or another apartment in the same building, then you may be able to petition for compensation for services rendered after she is gone. It's complicated and you should seek legal advice. For more information or a free appointment go to www.legacylaws.com.

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Answered on 9/13/10, 6:29 am
Steve Raminiak Law Offices of Steve Raminiak, P.C.

You have valid, complex concerns which cannot be addressed in a short note. Feel free to call me if you'd like to discuss this. I won't charge for an introductory phone call.

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Answered on 9/13/10, 6:55 am


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