Legal Question in Wills and Trusts in Illinois

The technical name of what you would want from the court is an order appointing you guardian for your mother. You should consult with an attorney to help you. The process is started by filing a petition with the court to appoint you. You will need a statement by your mother's physician pertaining to her mental status. An attorney will make sure you are eligible to be the guardian and will assist you with the procedures.

Think of it as a light switch. If one has the capacity to handle his/her affairs, one can sign a Power of Attorney and that Power will remain effective even if that person later becomes mentally disabled. However, if one lacks the capacity to handle his/her affairs, one cannot sign a Power of Attorney, and a Guardian must be appointed. I wrote an article titled "Guardianship: Things to Consider Before Filing a Petition with an Illinois Court." I recommend that you read it. You can find it here: http://www.raminiaklaw.com/links

I am sorry your family is facing these difficult issues. As I read your question, you will need to seek guardianship. A power of attorney is something that is granted by one person to another, possibly with alternates named. Since it is granted, it requires the capacity of the grantor to consider the actions. Since you state that your mother is suffering from severe dementia, it is unlikely that she has the mental capacity to make the decisions involved in a power of attorney. That means that court action is required and in Illinois the term is "guardianship." Some states use the term "conservatorship." In any event, an attorney should be retained, who would be paid from your mother's assets, if any.