Legal Question in Elder Law in Illinois

Can a P.O.A. disagree and take different action.

I am POA for my mother in Illinois. My father has been deceased for 2 years. My mother has spent over $40,000 in insurance money giving it away and being taken advantage of by other people. I have just moved her to an assisted care facility and am selling the house. Can I legally with hold the funds from her from the sale of the house. I'm concerned that down the road she will need more expensive care. My father left enough funds to see that that happens

but it won't if she keeps giving them away. I have unlimited power of attorney, but can I with hold funds from her for her own good..

P.S. I am taking care of all her financial needs.


Asked on 8/23/02, 4:36 pm

1 Answer from Attorneys
Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Can a P.O.A. disagree and take different action.

No. If you think your mother is not capable of handling her own money, you should seek a court-ordered guardianship of her. If the court agrees that your mother cannot handle her own money, it will appoint a representative to handle her money (maybe you), and will depriver her of her right to transact her own accounts or make binding contracts. The guardian would control the money, subject to court supervision. Until the court declares a guardian, there is nothing you can lawfully do to stop your mother from giving away her money. You may, however, be able to slow her down by delaying to give her acess to her money, but without a court order, those actions will be wrongful to your mother's rights.

Read more
Answered on 8/23/02, 4:45 pm


Related Questions & Answers

More Elder Law questions and answers in Illinois