Legal Question in Wills and Trusts in Illinois
will for parent with alzeihmers
I am the P.O.A for my mother and I recently placed her in a nursing home with 2nd stage alzeihmers. Two years ago she filled out a work sheet for her will dated and signed by her, but did not have it wittnessed or drawn up by an attorney. At this time she can not even remember how to sign her own name. What do I do?
Asked on 6/01/06, 10:36 am
1 Answer from Attorneys
Jeffrey R. Gottlieb
Law Offices of Jeffrey R. Gottlieb, LLC
Re: will for parent with alzeihmers
It sounds like there is not much she can do under her condition. If the document wasn't witnessed it will not be a valid will under Illinois law. You should review, or have an attorney review, the POA to see what latitude it gives you in doing some planning for her. If she dies without a Will, assets in her name will pass to her heirs under state law.
Answered on 6/01/06, 10:58 am