Legal Question in Wills and Trusts in Illinois

A probate attorney can definitely help you - provided they practice guardianship. However, an attorney is unlikely to become a guardian for your mother. If you cannot agree on a person to become guardian, you may qualify for the public guardian's office to become guardian (Cook County Public Guardian). The guardian can take control of her finances if she is indeed disabled. As for her life insurance policy, the named beneficiary of the policy is entitled to the proceeds and no one else.

Your mother's declining capacity is going to make it difficult to figure out what to do and how to do it. Decisions already made while she was presumably competent, such as naming beneficiaries to her life insurance, probably are not susceptible to current changes. The foremost consideration has to be her physical and financial well being. If she lives with you or your brother, maybe you can help care for her. If she's living independently, it may be time to move her into some kind of assisted living environment. A probate lawyer can help you, but will not likely want to take primary responsibility for your mother's financial affairs or her physical well being. You are confronting a problem lots of people are faced with--don't fail to look for senior care resources in your community, church or public service organizations.