Legal Question in Wills and Trusts in Illinois

Hello: My name is Jill I am a resident of Illinois. I am of legal age. My problem is that I have a single divorced father that now is hospitalized and mentally unable to make decisions and as a prognosis may not recover. He has no advanced directive, no will, no power of attorney. I would like to know what type of legal assistance I need to pursue. I need to be able to access his assets to pay bills mortgage, bills ect. and protect any other assets I can. Please advise me where to start. Thanks in advance Jill


Asked on 8/10/18, 4:43 pm

3 Answers from Attorneys

Michael Goldberg Johnston Tomei Lenczycki & Goldberg LLC

Hi Jill, what you need to do is petition a court for guardianship. Becoming his guardian will give you the legal authority to make financial and medical decisions for him. I recommend speaking with a guardianship attorney such as myself to get the process started. Best of luck.

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Answered on 8/10/18, 5:18 pm
Henry Repay Law Offices of Henry Repay

I am sorry you are facing these circumstances. Based on your statement that your father is not able to make decisions, it is likely that you will need to go to court in the county where he resides to request guardianship over his estate (essentially handling his financial affairs) and his person (handling personal decisions for him such as placement and care). If there are others with equal standing to act as his guardian (such as your siblings, if any), you will need to notify them. If the level of his incapacity is such that he would understand the appointment of an agent through a power of attorney, then that may be possible even if he is lacking some function, but an attorney will want to take great care to determine and document the situation.

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Answered on 8/10/18, 6:32 pm
Steve Raminiak Law Offices of Steve Raminiak, P.C.

Hi Jill. As others have mentioned, you should consider Guardianship. You can learn more by reading the following articles.

https://www.raminiaklaw.com/guardianshippetition

https://www.raminiaklaw.com/guardian-of-the-person

https://www.raminiaklaw.com/guardian-of-the-estate

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Answered on 8/10/18, 7:47 pm


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