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Illinois Elder Law Questions & Answers
1 Answer | Asked in Estate Planning and Elder Law for Illinois on
Q: How to take title when buying a house with son in Illinois

We are moving to Illinois and buying a house with our son as we are in our 70's. We are taking title as joint tenancy with rights of survivorship. If we need to be in nursing home in the future and medicaid is paying, will they be able to do estate recovery on the house after we die with... View More

Nina Whitehurst
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answered on Nov 20, 2023

Your joint tenancy with right of survivorship strategy avoids estate recovery BUT could trigger a huge Medicaid penalty period. There are better ways to do this, usually involving an irrevocable trust with a reserved right of occupancy.

1 Answer | Asked in Family Law and Elder Law for Illinois on
Q: I have a 300,000 beneficiary check in my name Can I write it over to my sister- I don’t have a bank account?
Cheryl Powell
Cheryl Powell
answered on Nov 14, 2023

Most banks do not allow 3rd party checks anymore. Use the $300,000 check to open up a checking account.

They will hold it for x days before

They will let you have it after that.

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 Elder Law, Criminal Law and Civil Rights for Illinois on
Q: I’m permanently disabled. I need caregiving 10 hrs a week at 54. I survived DV . I then experienced legal abuse. All I d

Was trust my attorney. She did no ERISA discovery or Private, my ex wife hid assets securing my support. My second lawyer w held my ERISA Alt Payee rights before settlement. He used her 1/3 VFI to write settlement. In podt judgement I discovered she had a -250,000 ADB , 1x Desth Benefit decrease... View More

Cheryl Powell
Cheryl Powell
answered on Nov 5, 2023

Your issue is too complex for this forum. Take your papers to an experienced family law lawyer.

1 Answer | Asked in Elder Law, Estate Planning and Family Law for Illinois on
Q: My brother has POA over my Mother. She's in the hospital & he's not forthcoming of her. Can I contest the POA?

I just want to know how is she doing medically and I'm not being told anything. I ask the nurses and I'm being told you are not the sister I can say anything to. I'm also worried what is going to happen when she does go back home to my brother's house because he made visiting... View More

James L. Arrasmith
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answered on Nov 9, 2023

If you believe the power of attorney (POA) is being abused or your mother’s best interests are not being served, you have the right to contest it. You would typically need to file a petition with the court to review the actions of the POA and evaluate your mother's current competence. The... 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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1 Answer | Asked in Estate Planning and Elder Law for Illinois on
Q: I live in Illinois If I gave someone power of attorney can they add themselves to my bank account as co-owner?
Charles E. Hutchinson
Charles E. Hutchinson
answered on Jul 6, 2023

The power of attorney for property, also known as a durable power of attorney, does not authorize anyone to own your property. In fact, it does the exact opposite. The agent under the power of attorney MUST use the assets ONLY for the Principal.

B. As agent you must:

(1) do what...
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1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Illinois on
Q: Can my sister keep all my mom's money from her

My sister claims to be my mother's poa. She takes all of her money out of a joint account between her n my mom and deposit it in her account. Her gas bill is overdue by 1,000 dollars. She takers her to no appointments me and my wife do. My mom thwrclains she doesn't even want her in the... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on May 17, 2023

Anyone acting under a power of attorney has a fiduciary duty to act in the principal's best interest. If your sister simply took your mother's money, then she is arguably in violation of that duty. Since your sister will not likely respond to a written demand (based on her text message)... View More

1 Answer | Asked in Estate Planning and Elder Law for Illinois on
Q: Can Petitioner for Guardianship file when respondent has active Order of Protection?

Order of Protection of was filed against daughter, who then turned around and filed Petition of Guardianship on the mother requesting order of protection. Mother had not seen daughter for over 3 yrs, as mother claimed daughter harassed her, and stole large amount of cash. Eventually the Protection... View More

Nina Whitehurst
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answered on Jul 21, 2022

Yes, the court will ignore this if they do not know about it. Somebody needs to alert either the guardian ad litem or intervene in the case.

1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Illinois on
Q: Uncle left house to another family member with stipulation my parents could live for set rent price for life.

My mother took care of my great uncle years ago before he passed away. He left the house she lives in, to his granddaughter with the stipulation my parents could live there for life for a set rent price. They sold the property to another company and that is not being honoured anymore. Rent has... View More

Charles E. Hutchinson
Charles E. Hutchinson
answered on Jan 20, 2022

If your great uncle stipulated in his will or in his trust that your parents could live in the house at a set rent price, then depending on how those instructions were worded - it is possible that your mom has a case. If this was an "understanding" not in writing, the case becomes much... View More

1 Answer | Asked in Elder Law for Illinois on
Q: Can I buy my 91 yr old Mom's home and then rent it to her without impacting her possible future Medicaid eligibility?
Stephanie Sexauer
Stephanie Sexauer
answered on Jan 7, 2022

I see you're located in Wisconsin, but posted this for an Illinois attorney, so I'll respond regarding Illinois law.

There is a 5 year Medicaid look back period. If your mom sells you her home for less than fair market value and she does require a nursing home stay during that...
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1 Answer | Asked in Elder Law, Estate Planning and Health Care Law for Illinois on
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

Nina Whitehurst
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answered on Dec 8, 2021

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... View More

2 Answers | Asked in Elder Law, Bankruptcy, Foreclosure and Real Estate Law for Illinois on
Q: My home has been foreclosed. I just recently found out now. I vacated and gave keys to my attorney in early 2020

It's been auctioned, judge reversed the purchaser of the auction in Dec. 2020. I am now being sued for everything. I was not advised of the court date by my counsel and no one showed to represent me. My calls have not been returned. And to top that off my identity has been stolen and used. I... View More

Timothy Denison
Timothy Denison
answered on Jul 22, 2021

What is your question?

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2 Answers | Asked in Family Law, Estate Planning and Elder Law for Illinois on
Q: How does Guardianship relate to marital rights? My husband had a stroke July1 and his kids showed up with signed Power

of Attorney forms that he didn't remember signing. They completely took over...changed locks on husband's house, closed all of our joint accounts leaving me with no phone, no car insurance and no house insurance. They took over finances and I haven't seen a cent of his money since... View More

Stephanie Sexauer
Stephanie Sexauer
answered on Feb 4, 2021

I'm so sorry to hear about these circumstances. I think you may need to consider hiring an attorney to have better communications with your husband's children to reach a resolution.

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3 Answers | Asked in Elder Law and Family Law for Illinois on
Q: My father has accused my husband of elderly abuse, neglect & financial exploitation. Will i be dragged into this?

My husband and i are seperated but still married. We were together when the majority of this allegedly occurred. Will i end up having to go into court for any reason? Also, currently there's just an order of protection out on my husband with the first hearing coming up. What happens if my... View More

Cheryl Powell
Cheryl Powell
answered on Aug 20, 2020

You most certainly could go to court on either side...to prove that your husband did any of the things that he is accused of or to prove that you never saw him do any of those things.

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2 Answers | Asked in Criminal Law, Elder Law and Internet Law for Illinois on
Q: Victim of bad theft case from my brother n his wife/lied 2 detective he believed her 2) No questions to my brother

They have sold on ebay auctions etc large sports memorabilia collection other collectibles etc both are on social security disability barely was getting by every month paid 1 house off bought another 1 n paid a lawyer $20,000 to fight me on my own property i reported them to office of the IG

George W. Svoboda
George W. Svoboda
answered on Aug 12, 2020

Did they steal the collectibles from you? Did they use that money to buy the new house? If the police won't pursue the theft, you can't force them. You can sue them for the cost of your stuff. Do they have enough equity in the house to go after? However, they could then file bankruptcy... View More

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1 Answer | Asked in Employment Law and Elder Law for Illinois on
Q: My question is concerning the effects on a 64 year old woman from wearing a mask at a full time job.

I’ve been wearing the required mask at work since March 2020. We were informed it is now a requirement for employment. I do not work in the general public. I’ve reported to my manager of having a sore scratchy throat, & congestion, but now it’s a burning in my chest with trouble breathing... View More

George W. Svoboda
George W. Svoboda
answered on Aug 5, 2020

I'm sorry for your situation. You should go to the doctor and you should get tested. There is no clear evidence that reinfection is not possible. You described symptoms that your employer may believe warrants a test for the virus. You do not have to go to the doctor, but your employer may... View More

1 Answer | Asked in Elder Law for Illinois on
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... View More

George W. Svoboda
George W. Svoboda
answered on Jul 20, 2020

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... View More

2 Answers | Asked in Family Law and Elder Law for Illinois on
Q: My mother fell in her apartment and wasn't found for a period of time. She was not able to give the hospital my number.

Now she a ward of Illinois. I live in California and have identified myself as her daughter to the guardian. What do I have to do to have it dropped? No one (hospital lawyer, social worker) will assist me. Thank you.

Cheryl Powell
Cheryl Powell
answered on Jul 17, 2020

Hire a private lawyer who does guardianship for the elderly. State guardianship is theist thing the state ever wants. It is likely that they would want to make sure that you and your mother do not lose contact again. Perhaps she lived at home and is now in a facility? So they can notify you if... View More

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1 Answer | Asked in Elder Law, Health Care Law and Nursing Home Abuse for Illinois on
Q: Can a Senior citizen have a private duty nurse or a family member stay with her if she needs care?
Cheryl Powell
Cheryl Powell
answered on May 15, 2020

Certainly. But if she has a family member, there should be a contract written that the family member will be paid out of the estate at the rate of x per hour and will be reimbursed for her services upon death.

That is unless she can be paid now or they forego any payment.

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