Legal Question in Family Law in Illinois
My Mom lives in CA & my grandmother lives in IL along with other extended family. My grandmother's health is in jeopardy & was advised by her Dr. not to drive & not to live alone. She refuses to adhere to his recommendations. Bottom line, she is not eating right, she is not paying her bills, ie mtg, auto ins, utilities etc instead she is giving money to strangers in hopes of winning money via sweepstake entries, which she has been told by law enforcement, family & others that it is a scam. My mom is afraid to pursue power of attorney/guardianship as she believes that she & my father will be held "personaly" responsible for the debt she is racking up. Although they are bailing her out now as it is. Can you tell me if they pursue guardianship/power of attny and she passes, will they be held "personally" responsible for her debt? She keeps getting signature/title loans, and she goes and gets cash advance loans. She has ltd income & no savings left. Thank you in advance for your help.
1 Answer from Attorneys
Guardians are not liable for the debts of their wards under Illinois law as long as the guardian is acting in accordance with law. This will not prevent an unscrupulous person from alleging the guardian embezzled funds or something, but this is why it is good to have a surety bond up. And if the guardian is a charity or the Public Guardian, then people are less likely to make that kind of accusation. But in any event, everything in life has a risk. The real problem here is the distance between grandma and your mom, geographically. A court needs to look at everything and although there is no Illinois residency requirement, a court may only appoint your mom as a guardian of the ESTATE ($$$) of your grandma, but NOT of her person since logistics are involved. If you are over 18 and meet the other requirements (basically not a felon....) you could be her guardian but this is a HEAVY obligation. It may be worthwhile to consider social service through a public agency first, to get counseling for a good direction for grandma. Best of luck; geriatric issues today are so difficult.