Legal Question in Elder Law in Illinois

My mother has a trust in which I'm POA for health & estate. IL Cook County Guardian overridden the trust and filed a petition for guardianship because she refused any home health care. After I consulted with several attorneys, I was advised that CCG will drag this case and basically leave nothing left in the estate due to attorney fees and I would be left with an empty pocket. The guardianship case had put so much stress on my mother that she had a stroke. She is now in a senior home which is in DuPage County, and she will more than likely be staying there indefinitely. She will not be able to return home due to the condition of the house. Can this case be dropped since my mother is now residing in DuPage County.


Asked on 6/01/15, 9:40 am

2 Answers from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

Let's tart out with what you start with is a legal impossibility., A trustee can not have a POA. If you had health care power, which wasn't Mom being taken care of. Her health comes first. If she was not being properly cared for, then the PG will intervene and bleed it dry fro her care and for their fees. You can file a motion asking that it be transferred to DuPage, but who knows if that is any better.

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Answered on 6/01/15, 11:22 am
Steve Raminiak Law Offices of Steve Raminiak, P.C.

The case cannot be dropped just because your mother is now residing in a different county.

If you can establish that her permanent residence will be in DuPage County, then you might be able to get the matter transferred to DuPage County. However, since the Cook County Public Guardian is involved, you will likely encounter substantial resistance to that proposal.

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Answered on 6/03/15, 9:51 am


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