Legal Question in Elder Law in Illinois

Poa

Hi, As my mom's executor of her

estate and health care serogate for

the last two years I have incurred

numerous bills. To begin with, she

lives in Naperville, Il and I live in

Kenosha WI. I have not collected any

money from my mom, however, it

has gotten to a point where I can't

afford to carry on this way; knowing

I am taking from my own three

children and husband. I have paid for

background checks of caregivers,

paid their fees when my mom

couldn't, gas & milage to go back and

forth to pay her bills and check in on

caregivers,groceries, phone bills, not

to mention the inordinate amount of

time I have already spent. As an

executor, am I supposed to be paid

now and if so what is reasonable? or

am I paid at the time of death? If so,

what is the percentage? I have

heard 10% and then 20 %. Thank

you in advance for your help.


Asked on 5/06/07, 6:21 pm

1 Answer from Attorneys
Joseph Michelotti Michelotti & Associates, Ltd.

Re: Poa

You can only be the executor of the estate of a dead person.

As your mom is currently alive and has signed a power of attorney, you are her attorney in fact.

Depending on the language of the power, you might be able to enter into a care agreement between your self individually and as her attorney in fact. You could charge a resasonable rate (say $75.00/hr) while your mom is alive.

email me if you have any questions

Read more
Answered on 5/16/07, 5:32 pm


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