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Illinois Elder Law Questions & Answers
1 Answer | Asked in Family Law and Elder Law for Illinois on
Q: Can my husband with Alzheimers sign a document with an X if he is with anotary. HE IS COMPETENT

He cannot control his hand movements

Richard Winblad
Richard Winblad answered on Jan 10, 2019

Check in your jurisdiction. In Oklahoma a person who cannot sign a POA may instruct another to do so on his/her behalf if done with proper witnesses.

1 Answer | Asked in Family Law and Elder Law for Illinois on
Q: Can my husband signadocumentwith an X if he cannot sign his full name

He has Alzheimer's but is fully competent

James G. Ahlberg
James G. Ahlberg answered on Jan 2, 2019

Your question doesn't make sense, at least to me. If he has Alzheimer's (a disease of affecting mental abilities) the odds are very high that he is not mentally competent to sign anything, either with an X or otherwise. His treating doctor needs to make a determination that your husband is of sound... Read more »

1 Answer | Asked in Elder Law for Illinois on
Q: I am looking to find out, as my sister's POA, on how to handle a settlement from a class action suit.

My sister, who is in an assisted living facility and on medicaid, will be getting part of a settlement of a class action suit from the village she lived in before moving to the living facility. Our mom lived with her and got sick drinking the water in their condo and filed with the class action... Read more »

Stephanie Sexauer
Stephanie Sexauer answered on Oct 20, 2018

I'm sorry to hear about this situation. An easy solution might be to spend the money in the months its received an a Medicaid-eligible purchase, such as a prepaid funeral/burial. In this case, as in all cases, you should connect directly with an elder law attorney and discuss the specifics further.... Read more »

1 Answer | Asked in Elder Law for Illinois on
Q: I am working to obtain Guardianship for my father aged 83 in October. Is there someone you can refer me to?

My father has a diagnosis of Alzheimer's and is no longer able to care, make decisions for himself. He is remarried however his wife nor my sister or I have Power of Attorney for him. He is at the point where greater care is necessary (as in Memory Care) and without having access to any... Read more »

James G. Ahlberg
James G. Ahlberg answered on Sep 6, 2018

Practically any lawyer in your area who has a general practice of law or practices in the field of family law can handle this for you.

1 Answer | Asked in Elder Law for Illinois on
Q: My husband and I have LTC Insurance policies, how can these policies be evaluated to see if we need upgrades or changes?

We have had these policies for approx 7 years thru John Hancock. Since we are now both older, want to make sure these policies will work as is, should we keep them, or make changes.

Jeremy Wang
Jeremy Wang answered on Aug 29, 2018

Congratulations! If you already have long term care insurance you may want to consult with an elder law attorney who can help you plan your estate. Unfortunately, some Insurance companies do go bankrupt so make certain your carrier is adequately funded.

1 Answer | Asked in Elder Law for Illinois on
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... Read more »

Robert D. Kreisman
Robert D. Kreisman answered on Jun 13, 2018

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... Read more »

1 Answer | Asked in Elder Law, Nursing Home Abuse and Personal Injury for Illinois on
Q: Dad fell at Nursing Home the day he was to be discharged. Nurse called & said he fell & skinned his knee but was fine.

When I arrived for his discharge, I found Dad in bed alone in his room complaining of horrible R hip pain. When I tried to have him sit, then stand to get in a wheelchair to leave, he was completely unable & began to shake & scream in pain. At this point it was obvious he had a severe injury. So,... Read more »

Steve McCann
Steve McCann answered on Mar 26, 2018

My most sincere apologies that you and your family have to go through this, as it certainly could be considered a case of neglect. That said, it is a very fact specific determination, and is dependent on notice the nursing home had, the nature of the fall, as well as whether or not it exercised... Read more »

1 Answer | Asked in Probate, Elder Law and Estate Planning for Illinois on
Q: Can I sue my mothers cousin for obtaining a family heirloom from her under false pretence and never returning it?

My mom born 1925. Her mom, my grama hand made a baptism gown for her, then my uncle wore it in 1928. After that, it was borrowed by other family, but always returned to my grandmother, who an eye on it. Gram died in '85, left the gown to my mom, Our children were born in '88, '91, & 96 and they all... Read more »

Ray Choudhry
Ray Choudhry answered on Jan 21, 2018

If mother is alive, she can settle it.

Otherwise, you will need proof that she gave up ownership.

1 Answer | Asked in Elder Law, Probate and Estate Planning for Illinois on
Q: Probate case open now over 2 years after death of intestate uncle due to guardian's no response by guardian =(aunt).

We heirs at law do not wish to pursue malfeasance by attorney or estranged Aunt (age 87) , but would rather "confidentially" like to appoint a third party to pursue the issues with the court / judge etc. in order to close the existing extended probate case.

Also, if necessary, is it... Read more »

James G. Ahlberg
James G. Ahlberg answered on Dec 29, 2017

You don't get to "confidentially" pursue the issues with the court. If you think there's a problem, hire an attorney. It is also not clear how you are an "heir at law." Was your estranged aunt married to the deceased uncle? Did your uncle have descendants who survived him? If the answer to either... Read more »

1 Answer | Asked in Family Law and Elder Law for Illinois on
Q: My mother suffers from Parkinson's disease and my mentally ill brother lives with her. She claims he abuses her and my

Siblings and I suspect he's spending her money. He has spent time in jail for elderly abuse but she refuses to press charges or let any of her four sane children have power of attorney. We are at a loss as to what to do.

Ray Choudhry
Ray Choudhry answered on Aug 21, 2017

If she is incompetent, one of you could try to be appointed legal guardian over her.

1 Answer | Asked in Elder Law and Probate for Illinois on
Q: I am in the process of putting my mother in a memory care facility, she has dementia.

I have a brother who lives with her, thisis her place....i believe there is abuse, i put the monies down for her palce at the facillity, but i am doing this to protect my mother from his abuse...he is angry that I did not discussed with him about placing her in a facility....do i need to let him... Read more »

Ray Choudhry
Ray Choudhry answered on Aug 16, 2017

Do you have guardianship or power of attorney to do this.

1 Answer | Asked in Elder Law for Illinois on
Q: My grandmother has dementia. Is it too late for her to write a will because she'd be deemed incompetent or not of sound

mind to make decisions?

Stephanie Sexauer
Stephanie Sexauer answered on Jul 29, 2017

This is tricky. When someone has been diagnosed with dementia, many lawyers will NOT draft that person's will. Having dementia does not inherently make the will void, or voidable, but it could certainly cause concern for heirs who otherwise would have taken pursuant to rules of intestacy... Read more »

1 Answer | Asked in Family Law, Elder Law and Estate Planning for Illinois on
Q: How do I have my brother removed as power of attorney over our mother? How do I get guardianship?
Ray Choudhry
Ray Choudhry answered on Apr 26, 2017

If the power of attorney was properly prepared, then the only way to remove the agent (your brother) is to show

that he has violated his duty of care by failing to act in the best interests of the principal (your mother).

This might involve financial abuse or medical abuse.

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Illinois on
Q: What happens to my mothers assets should she need to be put into long term care? What happens to her house?

She may need to go into long term care. Unsure at this time. She has an IRA and 2 annuities.

Steve McCann
Steve McCann answered on Mar 3, 2017

The answer to your question depends on specific facts that are not provided here, such as whether or not your mother has a will, the precise terms of the will, and whether or not your mom has a designated power of attorney. If your mother does not have a will or a power of attorney, I would highly... Read more »

1 Answer | Asked in Family Law, Elder Law and Landlord - Tenant for Illinois on
Q: My husband and I are not the legal guardians of his grandfather, yet we care for him. More info below.

His is schizophrenic and he isn't medicated because we can't afford his medicine, nor do we know how to get him medical care because we're not his legal guardians. Another relative of his is, however, most of his family wants nothing to do with his care. We're struggling, but we do the best we... Read more »

Cheryl Powell
Cheryl Powell answered on Feb 15, 2017

Be homest with the elderly worker. If he has a guardian, the guardian will be in trouble for medical neglect. Better yet, u report him first saying u want to help with these things but can't.

1 Answer | Asked in Elder Law for Illinois on
Q: Do all nursing homes take Medicaid?
Steve McCann
Steve McCann answered on Feb 6, 2017

Not necessarily. Check with the nursing home prior to committing for further clarification.

1 Answer | Asked in Elder Law and Nursing Home Abuse for Illinois on
Q: Is there a legal number of times my mother's bed should be changed in her nursing home?

She is incontinent and we are worried about bed sores.

Jonathan Rosenfeld
Jonathan Rosenfeld answered on Aug 23, 2016

I think you may be referring to patient 'off-loading' or turning. This is done to help keep the blood circulating in patients who are immobile or disabled. The idea is that by moving the patient regularly, the underlying tissue will remain healthy and bed sores will not form.

Depending on...
Read more »

1 Answer | Asked in Elder Law for Illinois on
Q: Relative at assisted living center with DNR was put on ventilator by paramedics on way to hospital. Was DNR violated?

Relative is elderly and suffered seizures that spiked her blood pressure. She was unresponsive when paramedics were called to her assisted living center. A DNR is on file at hospital and assisted living center. For a period of time she was unable to breathe on her own and was put on a ventilator... Read more »

Robert D. Kreisman
Robert D. Kreisman answered on Jun 28, 2016

The medical decision to put your relative on a ventilator on the way to the hospital, may not be a violation of the DNR that was in place for a couple of reasons that come to mind. One is that the paramedics made a medical decision spontaneously for what they believed to be in the best interests... Read more »

1 Answer | Asked in Elder Law for Illinois on
Q: My father has dementia for yrs there is no power attorney over him my brother had him sell he's house for a dollar in

October 2015 and put he's name on all the accounts is there any thing I can do

Robert D. Kreisman
Robert D. Kreisman answered on Jun 28, 2016

I would suggest that you petition the probate court in your county to have you appointed guardian of the estate and person of your father who apparently will be found a disabled person because of his dementia. That way the court will supervise what is best for the ward (your dad) and therefore,... Read more »

1 Answer | Asked in Elder Law for Illinois on
Q: My brother is being evaluated for dementia and lives in Kansas City, Missouri. Can I be forced to be legal guardian?

I live here in Illinois. He has little to no assets.

Robert D. Kreisman
Robert D. Kreisman answered on Mar 17, 2016

No. Assuming your brother has no power of attorney in place before he became afflicted with dementia, the probate court in Missouri would likely appoint a public guardian if there are no family members or someone close to your brother nearby, but the court cannot force anyone in this setting to... Read more »

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