Legal Question in Wills and Trusts in Illinois
How can one protect oneself from a sibling who has obtained power of attorney ov
My younger sister changed a dual power of attorny that my mother had established. She took over POA for every aspect of my mother's life. I recently brought up the subject to my mother who is amenable to changing the POA back. My sister and her husband have intimidated my mother into taking no action. My mother has parkinson's and alzheimer's. I do not wish to add misery to her life. Now I fear my mentally disturbed sister will take revenge and have mother write me out of her will or something. Also, I have a copy of the current will but my sister had another document drawn up which I saw once at mother's house. My sister denies the doc exists. It sets up everything to protect her, not my mother and certainly not me. I am very worried.
1 Answer from Attorneys
Re: How can one protect oneself from a sibling who has obtained power of attorne
If your mother has not been determined to be incapacitated because of the Alzheimers, she could revoke the POA at any time and sign another. If she is mentally incapacitated, she could not sign a new will, or lease, any new will signed by her would be suspect. You may want to ank her key physician if she, in his opinion, still has mental capacity to manage her own affairs or to sign a will or POA. You have a difficult family situation to deal with, and your mother's condition is likely to deteriorate. Your legal options are clear but, because of family considerations, you may not wish to pursue them, e.g., petition a court to determine that your mother is incapacitated and to appoint a guardian. You should certainly keep the copy of the will and question any new will that she sign. If you are really stressed by the situation and concerned about legal alternatives, you are advised to consult a local attorney experienced in elder law.
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