Legal Question in Wills and Trusts in Illinois
Brother in need of our assistance
My brother recently suffered 2 strokes leaving him with dementia and the inability to care for himself. He is 64 has no medical insurance and collects Social Security. The social worker at the hospital wants to apply for Welfare and provide 3 years of living expense receipts to set up our eldest brother with power of attorney. We are trying to locate what we can, but have not found any specific legal documents. We think his house title may still be our parents (deceased) and his name, but are not sure. We get the impression we are being set up to sell the house our parents worked hard to buy so the monies can be handed over to the State to cover medical expenses. We are unsure of what to do regarding power of attorney to prevent his entire assets from being gobbled up. He will never be able to care for himself and will have to remain in nursing home care for the rest of his life - however long or short that may be. What can we currently do to be able to make decisions about his care while protecting all of his assets?
1 Answer from Attorneys
Re: Brother in need of our assistance
The first thing I would is look up how the house is titled. If it is solely in your brother's name (meaning, it would have been in joint tenancy with your parents before they passed away), you and he will have fewer rights (in regard to Medicaid) than if your parents died without changing the title.
You can find out how the title is held by a visit to the county recorder of deeds (in the county where the house is located). Some counties have this information on-line and others will require an in-person visit.
The clerk should be able to assist you in finding the deed.
Then, I would recommend that you consult with an attorney (concentrating in estate planning or elder law). Your visit will be well-worth the time and money spent to receive good sound advice based on your specific situation.
Good luck to you.
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