Legal Question in Wills and Trusts in Illinois
Challenge the authority of Uncle (with alzheimer's) DPOA ?
My 92 year old uncle died yesterday. I am his only living
blood relative. My uncle lived in Illinois and I live in
Oregon. When my uncle was put into a nursing home a
month ago I got a call from R, a man who said he has
''power of attorney'' because my uncle ''had become
mentally unable to pay his bills''. R stated that he ''had
to step in''. I have never asked whether or not R has
durable power of attorney, but it is beginning to appear
that he does because he has arranged my uncle's
funeral and talks to me as if he has complete control.
My uncle had full blown alzheimers and now I do not
know what will become of his property. I am, of course,
now suspecting that R has continued access to all my
uncle's money, bank accounts, property etc. R has
scheduled the funeral in less than two days and I would
be hard pressed to get there in time even if I had the
funds to go.
Should I ask R what is his authority at this stage?
should I ask R who my Uncle's lawyers are? I am
nervous that R has
made my Uncle sign things over to him (and that is
REALLY not right since he had alzheimers!)
1 Answer from Attorneys
Re: Challenge the authority of Uncle (with alzheimer's) DPOA ?
Of course you should ask about his autority and the sooner the better. And you should ask for a copy of what ever document your Uncle signed. Also you should be aware that ANY power R had durable power of attorney or otherwise died with your uncle. Unless R has been appointed Administrator or executor of your uncle' Estate he has no power now, unless of course he can sign on your uncle's bank accounts. But even that power dies with your uncle unless R is a "owner" of the account with your uncle.
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