Legal Question in Wills and Trusts in Illinois

If the medical issues of your brother are only physical, not mental, and do not

affect his soundness of mind, he can execute a document such as a POA with

the required witnesses and notary, by merely stating that he is physically unable

to execute the document buy authorizes another to indicate his signature and

consent to the document. It should state that he has read, understood, and

consents to the document. A lawyer may add additional language to confirm

his mental soundness. A guardian is not required unless he lacks mental

capacity; he may still appoint another to make certain medical decisions if

he is unable to do so.

I agree with Attorney Martin. I suggest you work with a local probate attorney to best document the circumstances and handle the forms correctly.

Both of the above attorneys are entirely correct and have given you sound advice.

Persons who suffer from strokes often have both physical and mental issues, at least for the short term. If I were you, I would not arrange for the signing of any Power of Attorney without involving a lawyer to assist you in this. I have been involved in contested Guardianships where the decision to facilitate a Power of Attorney is ultimately questioned... and the litigation that follows can be expensive and ugly.

Additionally, an experienced attorney can provide you with written directions as to how to best protect yourself from others that may question your actions as Power of Attorney -- which may prove very helpful in the long run.