Legal Question in Elder Law in Illinois

Based on the information described in your question, your mother may have a legal need for a guardian rather than a POA. That subject as well as the house should be discussed with her, her sister, and others. If your mother is legally incapacitated, a court will appoint a guardian responsible for making life decisions relating to personal, health care, and financial matters. If, as her sister asserts, the house was given to your mother by her family members, it would be excluded from the marital property. However, is the house in sole or joint ownership which may complicate the issue? As an only child, you are a candidate for guardian and an interested person entitled to information about your mother. You are advised to discuss the situation in detail with a local attorney familiar with probate and guardianships.

If your mother was not of sound mind when she signed the Powers of Attorney, then those Powers of Attorney might be set aside in a Guardianship proceeding. As her only child, you are a strong candidate to act as your mother's Guardian. However, if your mother does not Trust you, a Court will probably not appoint you to act as Guardian. Still, the Guardianship process can assist you in a number of different ways, e.g., requiring a regular Accounting process where a Judge can review your mother's finances every year, requiring you to receive an advance copy of each annual Accounting so that you can give the Judge your insight before the Judge rules on it, bonding whoever acts as your mother's fiduciary (which essentially insures your mother from a Guardian's bad acts).

I recommend that you speak with an attorney who is knowledgable in this practice area. I have represented people on both sides of this equation and I am ready to assist you. Feel free to call me to discuss this. I won't charge for the phone call.