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Questions Answered by Cheryl Powell
1 Answer | Asked in Family Law, Elder Law and Probate for Illinois on
Q: Can you help me find out what happend my Mother ?

I'm retired, and handicapped, living in Florida. Her granddaughter found her obituary on line this week. My mother passed away Sept. 8. She passed away in Great Lakes. None of the family was notified. I can't find out where her personal belongings are or even where she died. The police in... View More

Cheryl Powell
Cheryl Powell
answered on Nov 9, 2023

I found the obit. Did you call the funeral home at Seguin and Symonds Funeral Home in Highwood? Somebody paid for the funeral. I am guessing that she got married to someone who lived in Great Lakes. The funeral home usually puts people in touch with each other.

1 Answer | Asked in Child Support for Illinois on
Q: In a child support, when giving documents on a notice to produce. Does the other parent have a right to view my items?

I am the custodial parent, when I filed for child support I informed them that he was abusive. I am uncomfortable with him having any of my personal information.

Cheryl Powell
Cheryl Powell
answered on Nov 3, 2023

Yes, they do. Block out any personal information you do not want him to have. It just needs to have your name on it, not your address.

2 Answers | Asked in Traffic Tickets for Illinois on
Q: Hi! So, I made an SR22 filing with my insurance company - as the courts mandated me to. Does this get reported to them?

Just needing clarification on whether or not the courts are notified each month that I successfully paid my car insurance.

Cheryl Powell
Cheryl Powell
answered on Oct 28, 2023

The DMV is required to verify it and suspends your license if you do not comply. There is not ongoing communication with the court system, but the state keeps track of your license and that information is submitted to the court when you are

In trouble the next time.

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Illinois on
Q: could we beat DCFS if disposition taken under advisement?

fighting DCFS. judge took disposition under advisement as we provided exhibits to back our testimony that caseworker had lied about having an empty file for respondent parents. Evidence given were emails from the case worker suggesting where to go for assessments, certificates of completion, drug... View More

Cheryl Powell
Cheryl Powell
answered on Oct 18, 2023

Yes. Sometimes a judge wants to make a written finding and send it to everyone in writing, sometimes they want to enable saving face for a party or a witness. Or sometimes they haven't made their mind up yet and are rethinking witness testimony. There can be a number of reasons for a judge... View More

1 Answer | Asked in Family Law for Illinois on
Q: I Need to dissolve guardianship of my adult sibling. He’s out of control and abusive and nothing I do is helping.

My 56 yr old brother is deaf, developmentally disabled and alcoholic and now using weed as well. He has become out of control and has become violent towards me. In the past year he has been evicted from his apartment, kicked out of a motel, kicked out of a homeless shelter and now staying in... View More

Cheryl Powell
Cheryl Powell
answered on Oct 9, 2023

It should not be a long process. File a Petition to Terminate Guardianship and a Petition to Appoint the Office of State Guardian. If you are indigent, filing fees can be waived. OSG will normally take guardianship in indigent cases. If not indigent, find out from Circuit Clerk who your local... View More

1 Answer | Asked in Elder Law and Family Law for Illinois on
Q: Can my sister (POA of my 92yo mother in a nursing home) get an order of protection to prevent my visits with her?

She rarely visits her & I'm there every day. Our other siblings don't care. She has lied to our mom about how she can't sell her house to me by law & other things regarding the spending of mom's money. She has also started buying luxury items & vacations etc. All I... View More

Cheryl Powell
Cheryl Powell
answered on Sep 30, 2023

File a Motion for Accounting of your Mother's Assets. Maybe you can find that she has misused your Mother's money. Then you have a basis to have her removed as POA and may be able to file for guardianship.

It is possible that an Order of Protection could be sought. Talk to a...
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3 Answers | Asked in Civil Litigation, Family Law, Arbitration / Mediation Law and Child Custody for Illinois on
Q: Can an agency be sued? For making untrue statements about oneself. children and grandchildren?

Paxton, Champaign and Urbana, Illinois.

Cheryl Powell
Cheryl Powell
answered on Sep 15, 2023

If the statements were made under oath, the persons making same could be charged with perjury. However, if they make same in dcfs reports or some such thing, they are not under oath and many things are a matter of opinion.

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1 Answer | Asked in Family Law for Illinois on
Q: Is it legal in Illinois for a parent to sell an item that was purchased by the other parent of a minor and given to them

The child is a 15 year teen who's objecting to sale of a pc costing over $1000 & purchased by other parent. Parents are divorced

Cheryl Powell
Cheryl Powell
answered on Sep 8, 2023

The pc was a gift from one parent to the child. If the other parent takes it away against the child's wishes, the other parent is committing theft from that child. It was not a gift to the other parent. That is how I look at it. Some other lawyers may look at it differently.

1 Answer | Asked in Estate Planning, Family Law and Probate for Illinois on
Q: Who has the legal authority to make decisions in regard to disposition of remains?

There is a guardian (co-guardians in this case), a will, and a trust. The ward dies, the will has no written instructions for disposition of remains. Who is the 1st person legally responsible for making decisions about the disposition?

The guardian, the guardian who also is executive... View More

Cheryl Powell
Cheryl Powell
answered on Nov 16, 2022

Powers of attorney and guardianships end at death. The only person with any legal authority is the executor of the will, who will have letters of office. That person has to see to it that bills are paid, including the funeral, cremation, etc.

1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: What is the statue limitations on parental kidnapping?

My ex and I lived in the same house but we’re not married and my ex decided to take my son from my home that he did not bring him back to and when I did call Madison County police they said there was nothing they could do because there was nothing in writing and I recited to them the section of... View More

Cheryl Powell
Cheryl Powell
answered on Nov 16, 2022

Parental kidnapping is federal law and is under the Parental Kidnapping Prevention Act. It is defined as hiding the child from a parent for over 14 days. That is usually taking the child across state lines.

Your situation can be resolved by filing a Petition for Allocation of Parental...
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1 Answer | Asked in Child Support and Family Law for Illinois on
Q: In Illinois does child support pay cover childrens cell phones and cell phone bills or is that an extra expense?

I’m trying to find out if my ex is supposed to be pay half for our childrens cell phones and cell phone bill. He tells me that the child support covers that.

Cheryl Powell
Cheryl Powell
answered on Nov 16, 2022

There is no law that a child has to have a cell phone or a car. If either parent chooses to provide a child with same, that is their choice and their expense. Child support is for basic necessities, i.e. food, clothing, shelter, utilities, transportation to and from school and activities. A cell... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Illinois on
Q: I'm trying to gain guardianship of my grandchildren from dcfs they told me I couldn't get them but wouldn't tell me why

I watch them everyday while foster mom is at work and school so I don't understand if I can watch them all day why can't I get them out of custody makes no sense

Cheryl Powell
Cheryl Powell
answered on Apr 18, 2024

Nobody here can give you the answer because we don't know why.

Whenever I have a client with these issues they have to hire me to determine why. That's all I can tell them. Dcfs usually does tell me why but they rarely change their minds.

2 Answers | Asked in Traffic Tickets for Illinois on
Q: I was never stopped for these charges. However they are wanting me to pay them in Franklin County Illinois?

IMPROPER PASSING ON THE SHOULDER

IMPROPER TURN SIGNAL. I did not commit either one of the driving violations. And when I called the Franklin County Court Office she said they were dismissed. Now I am being harrassed daily by a collection agency why? I was never given a citation for this... View More

Cheryl Powell
Cheryl Powell
answered on Apr 8, 2024

Get a certified copy of the dismissal. Then send one to the collection agency showing same. Send by certified mail return receipt requested. Keep a copy of everything.

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1 Answer | Asked in Child Custody for Illinois on
Q: My friend recently had a dcfs case against her in which her children were removed from her home.

The case has since been deemed unfounded by dcfs but her children have not been returned to her custody. Can they do this? What recourse does she have. She lives in Piatt County, Illinois.

Cheryl Powell
Cheryl Powell
answered on Apr 3, 2024

I cannot give a thoughtful answer as I do not have enough facts. She needs a lawyer who works on DCFS cases to get involved immediately.

1 Answer | Asked in Child Custody, Child Support and Divorce for Illinois on
Q: My divorce attorney is going to hire my ex wife Less than a year after my divorce is there anything wrong with this?

If I were to use him to get bring her back for custody issues would this not be some kind of client confidentiality issues?

Cheryl Powell
Cheryl Powell
answered on Mar 26, 2024

Your question is not clear. Your divorce attorney is going to hire your ex wife. For what?

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: So I have two children with my ex and he recently took me to court for visitation but he doesn’t help me financially

With them but he has a lawyer they want us to do a modification but he’s jobless and homeless at the moment and the judge just wants us to do the modification but I really don’t want him to take them because he isn’t stable what can i do because I feel like because he has a lawyer they really... View More

Cheryl Powell
Cheryl Powell
answered on Mar 26, 2024

File a response to his petition. Put your concerns in there.

1 Answer | Asked in Criminal Law for Illinois on
Q: Can the state indict you Or just federal?
Cheryl Powell
Cheryl Powell
answered on Mar 25, 2024

Indictments are handed down by grand juries at both the federal and state level.

1 Answer | Asked in Family Law for Illinois on
Q: I have a 17 year old who was given parental consent to stay with a family friend but now we want him home.

The 17 yr old is not emancipated and the living situation was a temporary thing, can we make him move back home. We live in Madison county Illinois. Need to know what our rights are here.

Cheryl Powell
Cheryl Powell
answered on Mar 25, 2024

Tell the family friend and the kid that you want him him no later than x date by x time. Send them texts so it's in writing. If he is not there, you will call the police. Let them know that.

1 Answer | Asked in Criminal Law for Illinois on
Q: i was recently arrested (shamefully) for breaking into a couple of empty storage units.

I did cut locks off. There was no theft or damage to property. Police arrested me without letting me know why. They showed me broken locks and photo of me at storage units. I (mistakenly) admitted to it, they released me. With THREE felony charges!! Attempted Burglary, possession of burglary... View More

Cheryl Powell
Cheryl Powell
answered on Mar 22, 2024

Your lawyer will have to tell you the best case scenario based on the discovery from the state. If you cannot afford a lawyer, one will be appointed to you. The best case scenario also varies by jurisdictions.

1 Answer | Asked in Criminal Law and DUI / DWI for Illinois on
Q: My attorney has left numerous voicemails and emails to the state's attorney yet no phone call returned. It's been a mont
Cheryl Powell
Cheryl Powell
answered on Mar 20, 2024

State's attorney's are never great at returning calls. Their caseloads are just too high. Usually it is easier to catch them at court. Does your lawyer not work there regularly?

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