Legal Question in Family Law in Illinois

alzheimer patient seek divorce

My mother has alzeimer and her husband of 20 years abandon her. He left their home and moved in with his girlfriend. He has provided no financial support for living expences or medical care. Can I file for divorce on her hehalf or should I just file for support.


Asked on 4/27/08, 6:00 pm

3 Answers from Attorneys

Anne Marie Healy Law Offices of Anne Marie Healy

Re: alzheimer patient seek divorce

File a Petition for Conservatorship, and then request support on behalf of your mother.

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Answered on 4/28/08, 1:23 pm
Zedrick Braden III Ainsworth & Associates PC

Re: alzheimer patient seek divorce

Hello. I suggests that you open a Disabled Person's Estate on your mother's behalf. Illinois law allows for this process in order to protect and preserve the personal and business interest of one who is no longer able to care for themselves and/or manage their business affairs. The procedure begins with the filing of a Petition to declare a person disabled, and for the appointment of a guadian to protect the "person" and or the person's "estate." Once the petition is filed, a court date is scheduled and the court at the first court date will appoint a lawyer from its recommended list to make a visit to the residence of the purported disabled person to determine the extent of the disability, if any. If the court is satisfied that the person is disabled and is in need of a guardian, the judge will then appoint the person who filed the petition. That would be you. Once you are appointed, you would then be authorized to pursue support for your mother from her husband, and to protect her marital property interest now that her husband has abandoned her. In my opinion, having legal representation while pursuing this relief is best. I will be happy to discuss this further and in more detail. You would be required by the court to prepare and present an annual accounting of your mother's finances, etc. The court will require that a certain procedure be followed for the presentation of this accounting. Also, once your mother's assets are gathered, the court will want you to

follow a court approved budget and make expensures

outside of the budget only with the permission of the court.

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Answered on 4/27/08, 6:32 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: alzheimer patient seek divorce

You might want to consider becoming your mother's conservator. Once you are appointed as such, you will be able to act on her behalf. Until then your hands are somewhat tied, unless of course you were nominated as her agent under a power of attorney. Even then, your powers may be limited.

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Answered on 4/27/08, 7:09 pm


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