Legal Question in Elder Law in Illinois

My sister & I are approved signatures on my Mother's checking account. Mother, who has Alzheimer's, has now entered assisted living, which will require all but $90 of her monthly social security deposit. Mother does not have a power of attorney for finance, nor does she have any assets except her checking account, which has only a few hundred dollars. I have some concern as to my responsibility if my sister would write a check with insufficient funds in the account.

Also, what can I do to get power of attorney regarding finance?


Asked on 4/28/11, 9:00 pm

1 Answer from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

If your mother has been evaluated as lacking legal mental capacity which is standard in persons with Alzheimer's disorder, she cannot authorize a POA or a change in her existing POA or other assignment of such rights. After a person reaches the situation of a person such as your mother, such legal right to make those decisions must be made by a person designated a health care surrogate (for health care decisions), or a person appointed as guardian which is done by a probate court. You may need to discuss the situation with the assisted-care provider, your sister, and, only with an attorney, if you believe that a guardian is necessary. Of course, you could be appointed as guardian with legal right to make decisions re finances, health care, etc.

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Answered on 4/29/11, 4:27 am


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