Legal Question in Wills and Trusts in Illinois

Yes, but such objective may involve complications. E.G., your ill brother can designate

a person other than his spouse to have a POA through which you can distribute any

funds, or he could set up a trust, designating another person other than his spouse to

manage funds for his welfare, etc. There are various options; of course, the spouse may

object, but any action should be taken when your brother still has mental capacity and

can make his decisions. Otherwise, the spouse will gain control if no one else is

designated.

I think you need to be careful so you don't assume personal responsibility for issues you don't have any control over. So long as your brother has mental capacity, he is the one who should tell you how to disburse the funds to him (and you need to get a receipt) . If he doesn't have mental capacity, you would need to look to whether anyone has a durable power of attorney for property or perhaps to initiating a court proceeding to ask for the appointment of a guardian of your brother's financial estate.

Since you have knowledge that your brother is in a weakened, vulnerable state, and have reason to believe that his wife will likely take his inheritance away from him as soon as the check arrives in the mailbox, I advise you to be very cautious in how you proceed. While you may (ultimately) be able to legally justify a decision to mail him a check, that may not stop another relative or social service agency for suing you under these circumstances. Feel free to give me a call for a free consultation. We can discuss your brother's situation in greater detail, and what you can do to minimize your risk of a future lawsuit.