Legal Question in Elder Law in Illinois

I live in Chicago IL and in 2009 signed power of attorney paperwork for my aunt, who as of last year is in nursing care. The nursing home has copies of the POA documentation and I signed the nursing home contract as my aunt's representative.) However my aunt's goddaughter (who is on the same POA form as witness and successor representative) has been the principal caregiver for my aunt for years and we both feel she would be the better POA representative. Additionally, as of last year I have signed POA medical and financial paperwork for my mother, whom I live with and who needs more and more care. My aunt's goddaughter and I would like to change the POA for my aunt's care but are unsure how to successfully go about this. Since my aunt has Alzheimer's, is in frail health (she's in the hospital at the moment because she is not eating) and has a hard time grasping what is going on, she may not be able or willing to sign the documentation changing the POA. What can we do?


Asked on 1/19/17, 7:16 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

If as you say the goddaughter is the successor agent, then you simply resign and she becomes the agent. However there is a chance that someone might complain as she is also a witness. It is simply too late for your aunt to do anything, so the only choice is for you to sign a declination/resignation of office.

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Answered on 1/19/17, 7:32 am


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