Legal Question in Wills and Trusts in Illinois

My husban is dying without a will nor do I have power of attorney. Can I get an emergency power of attorney even though he is not awake? We have already taken care of a DNR but I never thought of a will or POA.


Asked on 1/05/11, 5:17 pm

2 Answers from Attorneys

Gregory Turza Law Offices of Gregory P Turza

You didn't mention what you wanted to do with it. What is your objective? Since he no longer has capacity you will probably need to go to court and have a guardian appointed. But you need to share with a lawyer what you want to do. Then he can advise you.

Read more
Answered on 1/10/11, 9:38 pm
Thomas Moens Moens Law Offices, Chartered

Unfortunately, the principal needs to sign the power of attorney, and needs to be mentally competent when doing so. If this is not possible, you may need to have a guardian appointed. However, you should discuss this situation with an attorney, since it might not be necessary, depending on what you are trying to accomplish.

Read more
Answered on 1/11/11, 12:36 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Illinois