Legal Question in Elder Law in Illinois

power of attorney

when I was sick with bipolor disorder my wife took me to sign a supposedly medical power of attorney.

I am much better now and am finding out that it was complete power of attorney. She took all my money for?m ira account and bank account. Do I have any recourse in this situation


Asked on 3/15/08, 12:30 pm

5 Answers from Attorneys

Zedrick Braden III Ainsworth & Associates PC

Re: power of attorney

Hello. My answer is yes. Under the circumstances the least drastic relief that you could seek would be filing a petition for legal separa- tion and asking the court to order your wife to return the proceeds of your accounts. Proceeding against your wife in a lawsuit is not a prac-tical solution, in my opinion. Courts

in Illinois are reluctant to encour-

age lawsuits involving money between spouses outside of the Domestic Rela-

tions Division. The Domestic Rela-tions Division of the court system in Illinois is best for the relief that you seek from your wife. A legal

separation will not affect your mari-

tal status, but will give a Domes- tic Relations Court jurisdiction to

to order your wife to return your money. I will be happy to discuss this topic further and in more

detail.

Read more
Answered on 3/16/08, 4:30 am
Zedrick Braden III Ainsworth & Associates PC

Re: power of attorney

Hello. My answer is yes. Under the circumstances the least drastic relief that you could seek would be filing a petition for legal separa- tion and asking the court to order your wife to return the proceeds of your accounts. Proceeding against your wife in a lawsuit is not a prac-tical solution, in my opinion. Courts

in Illinois are reluctant to encour-

age lawsuits involving money between spouses outside of the Domestic Rela-

tions Division. The Domestic Rela-tions Division of the court system in Illinois is best for the relief that you seek from your wife. A legal

separation will not affect your mari-

tal status, but will give a Domes- tic Relations Court jurisdiction to

to order your wife to return your money. I will be happy to discuss this topic further and in more

detail.

Read more
Answered on 3/16/08, 4:30 am
Zedrick Braden III Ainsworth & Associates PC

Re: power of attorney

Hello. My answer is yes. Under the circumstances the least drastic relief that you could seek would be filing a petition for legal separa- tion and asking the court to order your wife to return the proceeds of your accounts. Proceeding against your wife in a lawsuit is not a prac-tical solution, in my opinion. Courts

in Illinois are reluctant to encour-

age lawsuits involving money between spouses outside of the Domestic Rela-

tions Division. The Domestic Rela-tions Division of the court system in Illinois is best for the relief that you seek from your wife. A legal

separation will not affect your mari-

tal status, but will give a Domes- tic Relations Court jurisdiction to

to order your wife to return your money. I will be happy to discuss this topic further and in more

detail.

Read more
Answered on 3/16/08, 4:31 am
Zedrick Braden III Ainsworth & Associates PC

Re: power of attorney

Hello. My answer is yes. Under the circumstances the least drastic relief that you could seek would be filing a petition for legal separa- tion and asking the court to order your wife to return the proceeds of your accounts. Proceeding against your wife in a lawsuit is not a prac-tical solution, in my opinion. Courts

in Illinois are reluctant to encour-

age lawsuits involving money between spouses outside of the Domestic Rela-

tions Division. The Domestic Rela-tions Division of the court system in Illinois is best for the relief that you seek from your wife. A legal

separation will not affect your mari-

tal status, but will give a Domes- tic Relations Court jurisdiction to

to order your wife to return your money. I will be happy to discuss this topic further and in more

detail.

Read more
Answered on 3/16/08, 4:31 am
Zedrick Braden III Ainsworth & Associates PC

Re: power of attorney

Hello. My answer is yes. Under the circumstances the least drastic relief that you could seek would be filing a petition for legal separa- tion and asking the court to order your wife to return the proceeds of your accounts. Proceeding against your wife in a lawsuit is not a prac-tical solution, in my opinion. Courts

in Illinois are reluctant to encour-

age lawsuits involving money between spouses outside of the Domestic Rela-

tions Division. The Domestic Rela-tions Division of the court system in Illinois is best for the relief that you seek from your wife. A legal

separation will not affect your mari-

tal status, but will give a Domes- tic Relations Court jurisdiction to

to order your wife to return your money. I will be happy to discuss this topic further and in more

detail.

Read more
Answered on 3/16/08, 4:31 am


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