Edwardsville, IL asked in Elder Law, Estate Planning and Health Care Law for Illinois

Q: If a parent is put in a memory care assisted living by a POA. As a heir can I find or get a look at the POA

I believe fraud is Occurring

1 Lawyer Answer
Nina Whitehurst
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  • Estate Planning Lawyer
  • Crossville, TN

A: There isn't a real good way for you to get a look at it, because neither the principal nor the agent are obligated to share it with you. But if you have good grounds to suspect that elder abuse (financial or emotional or other) is taking place, then report it to your local Adult Protective Services agency.

You could also hire an attorney who specializes in fiduciary litigation to guide you. A first step might be to get yourself appointed as your parent's guardian and ask the court to void the existing POA and prevent your parent from entering into a new one. Then, as guardian, you can sue anybody who has defrauded your parent.

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