Legal Question in Wills and Trusts in Illinois

my name is Susan. My husband had been diagnosed with dementia and doctor's note indicated he can't make financial decision anymore. I am worried that if we have to make any major decision like selling the house, what kind of legal document available to make financial transaction be legal without my husband's approval and signature. Furthermore, my daughters should be given the rights to take over with the legal document that they are to take over if something is seriously going to happen to me like death, etc. Appreciate your professional advice.


Asked on 8/01/15, 7:18 am

2 Answers from Attorneys

Virginia Prihoda Law Offices of Virginia Prihoda

Unless your husband had signed a power of attorney for property before his diagnosis, and unless he had signed some other legal document such as a trust agreement which allows someone else to take over financial decision making, the only mechanism to facilitate decision making on his behalf is a court order appointing another individual to act as your husband's legal guardian. You will need to find an attorney in your area who works with wills, trusts, or elder law matters for help.

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Answered on 8/01/15, 7:36 am
Henry Repay Law Offices of Henry Repay

I am sorry you find yourself in this very difficult situation. I agree with Attorney Prihoda.

If a doctor has stated that your husband cannot make financial decisions, then it is also unlikely that he has the capacity to execute any type of directive. That being the case, a guardianship would have to be established for you or someone else to handle his affairs. It would be best that the same be in place before a need should arise.

Given these circumstances, it is also more important than ever, as you seem to recognize, that you have your plans in place (will or trust; power of attorney for health care; power of attorney for property; and do not resuscitate order if desired). Take the time to get all your affairs in order, in addition to addressing the needs arising from your husband's circumstances.

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Answered on 8/01/15, 10:33 am


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