Legal Question in Wills and Trusts in Illinois
obtaining record/copy of existing Power of Attorney
My brother says he has Power of Attorney for my living and able minded Mother. How can I find out if a POA is in effect for my Mother? Where/How can I obtain a copy of this POA, if there is one? My Mother did not keep a copy. She is 92, living with me and would like to sell assets but brother is not cooperating. She resided in Madison County, IL and now lives with me in Missouri.
1 Answer from Attorneys
Re: obtaining record/copy of existing Power of Attorney
The only way a person would be able to obtain a copy of a Power of Attorney (without obtaining one from the agent) is if the POA was recorded with a recorder of deeds. In Illinois, if a person is going to sell real estate through a POA, the document must be recorded.
I would suggest that your mother consult with an attorney in Missouri since she is living there now.
Depending on the authority granted in the document itself, it may be limited, or very broad.
The attorney will help her decide what should be done at this point to safeguard her assets.
Good luck to you.
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