Washington, DC asked in Elder Law for Illinois

Q: My mom has undiagnosed dementia, refuses to see a doctor, needs a guardian. How can I start the process w/o medical?

She ran over a motorcyclist, was cited, and currently FTA 30 day notice for court. She is paying her bills twice. Lost her cell phone 4 times in 3 months. Shift in behavior. since she is unable to manage some of her bills, she calls me, and I am unable to help since no POA. I was asked by her church to intervene. Her Financial Advisor elevated the situation at Wells Fargo. (He is no longer talking to me) ADP is worthless. Collinsville CIT officer is worthless. Covid hasn't helped either. The list of incidents is non stop. She refuses to move in with me because she has a "job" once a week but suspended for Covid. Unless I get a lawyer, I am stuck.

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1 Lawyer Answer
George W. Svoboda
George W. Svoboda
  • Grayslake, IL
  • Licensed in Illinois

A: In order to have someone declared incompetent, you will need to file for guardianship. Yes, you will need a lawyer, because this process is too complicated for you to be successful without one. Also, you listed this question under Washington DC. If you do not live in IL, you will have a hard time getting an IL court to grant you guardianship of your mother. No other court has jurisdiction over your mother. This will be an adversarial proceeding. There will need to be a formal psychological evaluation and a court hearing. You should discuss this with an Illinois attorney.

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