Legal Question in Wills and Trusts in Illinois

I have POA for my mothers health and property. There is a paragraph in each POA that states if a guardian is needed I am appointed. My brother has filed for guardianship and POA. The court has appointed a temporary guardian and suspended my powers of POA with a finding of no wrong doing. How do they have the right when my mother made her wishes know in her legal documents drawn up while she was well. The court says they are looking out for her but do not acknowledge her wishes as stated in her legal papers. How can they do this? Doesnt drawing up these papers protect the person from courts making the decisions?


Asked on 9/20/10, 10:51 am

1 Answer from Attorneys
Cyndi Perez Trostin

The court will ultimately decide who should be appointed as guardian. However, they should have taken the Power of Attorney into consideration. If they did not, you may have a right to object to the appointment of the temporary guardian being made permanent.

Good luck to you.

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Answered on 9/25/10, 10:58 am


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