Chicago, IL asked in Elder Law for Illinois

Q: POA removed from Financial Institution

My grandma has dementia and before this she appointed daughter #1 to be the POA. Daughter #2 found out and has now taken the mother to get a POA while she was diagnosed. Daughter #2 has now submitted her illegal POA to the banks and has taken over the accounts whih is taken daughter #1 off the accounts . During this time the daughter #2 has taken out money and given it to her children. Daughter #2 has taken her to another state and will not return her to Daughter #1 because she wants to have access over all of the grandmothers assets so she can withdrawal at any time. When speaking with the grandmother she seems nervous to even ask if daughter #1 can come get her because daughter #1 is manipulating her. Do we have to get a lawyer in the state the grandmother is in or can it be in the state daughter #1 is in? Would the daughter #2 get in trouble for taking the grandmother to get a POA in her name while the grandmother was already diagnosed with dementia?

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1 Lawyer Answer
Robert D. Kreisman
Robert D. Kreisman
  • Elder Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: I think you would need to hire an attorney in the state where grandmother was taken. You may consider with that lawyer and one in your state in having a guardianship set up naming you as guardian of the estate and person of grandmother to have her situated in a facility that will be especially capable of handling dementia patients. The guardianship will also nullify that improper POA that daughter #2 has manipulated grandmother with.

Drew R. Ball agrees with this answer

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