Legal Question in Elder Law in Illinois

My wife has been the POA for her Mother and Father the past 5 years. Her Father recently passed away. Her Mother is in an assisted living center. Her Mother and Father promised my wife in lieu of charging a POA fee she was promised the car. We were given the car (intent) but was not signed over. "We" have had the car for about 5 months. She (mother) now wants to drive again. We said no, your 88 years old and in very poor physical health, too much risk, liability etc. The Assisted living center provides transp[ortation. The 2 other siblings agreed. The car's blue book worth is ($5000). My wife's work was worth 10 times that amount but we wanted her mother's to protect her cash reserves. Her mother contacted her attorney and her attorney said even though you are entitled to a POA fee you can't collect. Why? You can not back charge for the past 5 years. But her mother did not keep her promise for compensation. No answer given. We have written documentation from a sibling that was witness to that agreement for my wife receiving the car as compensation. #1) we will give the car back but my wife wants to be compensated before she hands over the accounting- my wife is resigning as the POA. Is what this attorney is saying true? I have found nothing in the Illinois State Statutes that prohibits my wife charging a POA fee retroactively nor due I see that the amount had to be originally agreed to- it is discretionary but to be reasonable by percentage or hourly.

Thank you


Asked on 9/11/09, 8:06 pm

1 Answer from Attorneys
Steve Raminiak Law Offices of Steve Raminiak, P.C.

An agent who acts under a POA (for property matters) is usually entitled to reasonable compensation. This fact is often stated in the POA itself. I am not aware of any law which requires such compensation to be immediately paid upon services rendered.

I suggest that you consult with a lawyer regarding the withholding of accounting information. I understand your wife's reasonable request for compensation, but a lawyer needs to know more facts before he can advise you as to the best way to pursue this. Bear in mind, your mother-in-law is entitled to the accounting information and can revoke the POA before your wife resigns. Feel free to call me to discuss this further. Perhaps we can work this out with a minimum of fuss.

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Answered on 9/17/09, 10:16 am


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