Legal Question in Family Law in Illinois

Re: My uncle has brain damage, what are our options

There is so much that I do not know from your question that am unable to give you a complete answer.

First, your aunt should see a lawyer to learn what she must do to preserve her assets. Don�t wait until she is tapped out. Among the things she should consider is having the house she owns with your uncle transferred from a �joint tenancy� to a �tenancy in the entirety.� It protects the homestead from the claims of creditors of one of the spouses.

She also needs to inquire of her attorney about having a guardian appointed for your uncle (both guardian of the person and guardian of his property) on the ground that he is mentally disabled. Be forewarned, any action she might take regarding getting a divorce (which yes, may be an option) (have her discuss it with her lawyer) will be complicated once your uncle is adjudicated a disabled person.

And with regard to the accident, while it may be true that he was weaving, it may still also be true that the driver who hit him would be liable to him for negligence and would thereby be responsible for damages (including the cost of the nursing home). Now is the time to look at that. The statute of limitations for personal injuries is two years from the date the cause of action accrued (date of the accident).

Re: My uncle has brain damage, what are our options

This is a very detailed question that is somewhat confusing. You only have two years to file a case for damages relating to the bicycle incident for your uncle. If the brain damage arose from this accident then you really need to see an attorney. Please note that if your uncle is mentally disabled, your aunt or somebody else will have to petition the court to become his legal guardian. A legal guardian protects any interests of the person including pursuing a lawsuit. Many attorneys take accident cases on contingency which means you do not have to pay the attorney anything until he wins. As far as the VA hospital upping the costs, I am not sure what their reasons are for this and what your uncle can qualify for. You should contact the VA and try to get them to help you understand the process and what is going on. As far as a divorce, your aunt is not completely out of luck. It just makes things a little more complicated. I hope that this helps you somewhat - you have many issues that you need to talk to an attorney about. However, if you cannot afford an attorney, you may want to go to the local law libraries and research your issues. They are located in law schools and court houses. The librarians are usually very qualified and can help point you in the right direction.