Legal Question in Wills and Trusts in Illinois
about power of attorney ?
My Father is ill and in the hospital and not able to understand what is going on at this point. He is on a morphine drip for his pain. My brother is trying to take power of attorney for him. My brother is a drug addict and he goes on binges. I am afraid that he will get Power of Attorney and spend everything my Father has. How do I stop him ? and, even though he is the oldest. Can my Father sign legal documents over to him in this state ? Is it legal for this to happen. Please let me know really worried about this.
1 Answer from Attorneys
Re: about power of attorney ?
If your father is truly unable to understand what is happening, he probably does not have the capacity to sign a power of attorney.
However, if his confusion is due to the drugs that he is on, it is possible that at some point he could regain his legal capacity and be able to sign such a document.
Your question didn't say whether this situation is long or short term, but if it will be an on-going situation, it might be a good idea to have yourself appointed as guardian for your father. This is a court-appointed role that is usually filled by a close family member. That way you can be assured that your father will be taken care of and his financial assets will be protected by a responsible person.
Regardless, you should talk with an attorney who has experience in guardianship/probate matters and who can personally review all of the pertinent information. The cost of obtaining professional advice will be well-worth it in this situation.
Best of luck to you.
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