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Illinois Elder Law Questions & Answers
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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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.

1 Answer | Asked in Estate Planning and Elder Law for Illinois on
Q: We need a plan for the future. My husband has MS. I'll keep him at home as long possible, but we need a plan in place.

Do we sell the house? I will not have the income to make the mortgage payment and the upkeep on the house. We also have a car payment, we are upside down and have 6 years left on the loan. Should we trade down? Also a personal unsecured loan with 5 years left to pay. Help please

Nina Whitehurst
Nina Whitehurst answered on May 13, 2020

You need to consult with a financial advisor regarding your specific circumstances. There are too many facts missing and, in any event, this forum is not for personalized advice; it is best suited to answering simple questions with general applicability. A financial advisor can help you make a... Read more »

1 Answer | Asked in Contracts and Elder Law for Illinois on
Q: I am a senior have bought used cars from private never a problem. Less than 3 months ago $1800 for a car in East Peoria
Evan S. Sloan
Evan S. Sloan answered on Feb 5, 2020

It's difficult to understand what exactly happened from your post. Please post again with additional facts.

2 Answers | Asked in Family Law and Elder Law for Illinois on
Q: dementia diagnosis and guardianship

My grandma is 89 she has symptoms of dementia to my knowledge she has not been formally diagnosed by her physician her physician will not speak to me because he does not have a release to do so anytime anyone tries to help my grandma with anything she gets irate and violent she does not have a... Read more »

Stephanie Sexauer
Stephanie Sexauer answered on Jan 8, 2020

I'm so sorry to hear of what's been going on.

You're right that this sounds like a guardianship issue. You should contact an estate or guardianship attorney in or near your town, as soon as you can, to get the process started.

I hope for the best for you all!

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1 Answer | Asked in Elder Law, Estate Planning and Probate for Illinois on
Q: grandfather was part of the McDonnell Douglas asbestos settlement I believe my sister is receiving and cashing my funds?

Dutch Powers from Grafton, IL was my grandfather, he was part of the asbestos settlement listed above. my sister contacted me about a received check a few years ago and I believe she has been depositing these checks directed to me for her own benefit. I am looking for help to find the truth. she... Read more »

Cheryl Powell
Cheryl Powell answered on Oct 2, 2019

Go though the settlement case, research it and call them. If u would like for me to do if for u, I would be happy to.

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... 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... 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... 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,... 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,... 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... 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.

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