Legal Question in Wills and Trusts in Illinois
power of attorney
our best friend is incapacitated at the hospital after a car accident. his soon to be exwife is trying to cash checks and going through his home (that she never lived at). what can we do?
1 Answer from Attorneys
Re: power of attorney
If your friend's spouse has joint tenancy rights to the accounts, there is a problem with preventing her from obtaining the funds.
On the other hand, as long as she is married to him, she has as much of an obligation to pay his medical expenses as he does and she might have to return the money to pay the bills.
If your friend is only physically disabled, he can execute a power of attorney to have you or a family member take control of his accounts.
If things are really out of control, and your friend is mentally incapacitated, you might want to have another family member (sibling, parent, etc.) petition the court for a temporary guardianship.
Good luck to you.
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