Legal Question in Family Law in Illinois
Power of attorney for mother with Bipolar Disorder.
I have been designated power of attorney for my mother who is diagnosed with bipolar disorder (a.k.a. manic depression). My stepfather desired that I look after my mother's overall well being after his death. Mother went to the family attorney and requested the power of attorney, signed the document, witnessed, notarized, et al. Three months have passed since my stepfather's death and my mother's illness has presented a number of problems with her safety, finances, vulnerability, etc. She has been involved in two car accidents in the past month. She was not seriously injured (sprained ankle) but very possibly could have been. In one of the accidents she passed out in her car. She has also been writing numerous checks for large sums of money and not recording them in her checkbook. Also, she has a male friend who has brainwashed her to believe he is my stepfather reincarnated and that they are married. What can be done legally to protect my mother from herself and others taking advantage of her?
1 Answer from Attorneys
Re: Power of attorney for mother with Bipolar Disorder.
Read closely the POA. Determine whether it provides for you to be authorized to manage her affairs if she is mentally or physically incapacitated. If so, consult with her physician re her mental condition. If he or another will state that she is mentally unable to manage her affairs, your POA may authorize you to act. If not, you or another interested person can ask a court to appoint you as guardian of her property and of her person. This is a longer process, requires an attorney, will require a determination of her mental capacity, etc. You may want to ask her if she will agree to a voluntary guardianship (if she realizes her problems). Consult with her close friends, minister, etc. re the situation. It requires prompt action, but is one faced by many children with aging parents who develop dementia, Alzheimers, other mental problems. Best of luck.
Consult with a local elder law attorney re legal options.
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