Legal Question in Family Law in Illinois
My mother and father were married for 43 years when he died. Three years later she married another man which she has been married to for seven years. During this time they both have become alzheimers patients. His daughter who is his POA took him to a nursing home of her choosing and says my mother must pay for his nursing home costs or they should be divorced so that medicaid will pay. Mother does not even remember this man. My question is since Mother has very little memory left can my brother who is mother's POA execute this divorce in order to avoid all these nursing home costs for her second husband's care. My mother has 24/7 care in her own home. The state of residence is Illinois.
1 Answer from Attorneys
I doubt that a court would allow a POA to file and prosecute a divorce. You need to have a guardian of the person appointed, who can then proceed with a divorce.
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