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Illinois Elder Law Questions & Answers
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... 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.... 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 »

1 Answer | Asked in Elder Law for Illinois on
Q: Grandmother has dementia, is incompetent and has no power of attorney. What are my families options?

Can family members still apply for medicaid for her? Would someone in our family need to seek guardianship instead of a POA? Our main concern is healthcare POA, is that still possible? Lastly, if her son is in FL and handles her assets, and her daughter is in IL acting as her caregiver, would a... Read more »

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

Because of your grandmother's condition, she is unable legally to sign a power of attorney to any avail. The family would need to petition the probate court for the appointment of a guardian of the person and estate. Those persons, it could be one, would then have the power to conduct the... Read more »

1 Answer | Asked in Elder Law and Estate Planning for Illinois on
Q: If mom resides in il, with her power of attorney, but moves to Indiana, does the poa become invalid?
Adam Studnicki
Adam Studnicki answered on Jan 15, 2016

An IL estate planning lawyer can review to determine if it complies with IL law.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It...
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2 Answers | Asked in Elder Law for Illinois on
Q: What are my options when aging parent living alone refuses medical attention
Lori Levin
Lori Levin answered on Jul 14, 2011

This is a difficult question to answer without knowing more information. Is the aging parent competent? Does the parent have a POA for health care? Is this a serious situation where the parent is not competent, there is no POA and you want to pursue guardianship? Does this situation rise to the... Read more »

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2 Answers | Asked in Elder Law for Illinois on
Q: Can I sue the hospital for my uncle who has dementia; fell in his room; broke leg?
Robert D. Kreisman
Robert D. Kreisman answered on Dec 26, 2010

If your uncle is a "disabled person" under the law and not able to handle his own affairs, a guardian would have to be appointed by a court, on a petition to adjudicate a disable person, over his person to bring a lawsuit. This assumes your uncle made no written direction before he... Read more »

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1 Answer | Asked in Elder Law for Illinois on
Q: Lawsuit against nursing home when gf sits in urine in wheelchair all day?

It's hard to know from these brief facts, but Illinois has the Nursing Home Care Act available that gives residents rights if they have received inadequate, improper and/or unsafe care that injures them. If your grandfather has been abused or has received inadequate care, he may well have a... Read more »

Robert D. Kreisman
Robert D. Kreisman answered on Dec 14, 2010

It's hard to know from these brief facts, but Illinois has the Nursing Home Care Act available that gives residents rights if they have received inadequate, improper and/or unsafe care that injures them. If your grandfather has been abused or has received inadequate care, he may well have a... Read more »

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