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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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I just asked a question re my father in law age 90. He has

Customer Question

I just asked a question re my father in law age 90. He has cataracts, with a dx of dementia and receives total care 24 hours. In the state of Illinois, what is proper procedure to protect him from signing legal documents , checks, etc . To protect him, does his Doctor or Doctors have to give him a mental status test to declare incompetence. Are attorneys also involved? And doesn't someone have to become his POA, and Health Care Surrogate? His wife died a year ago.
Submitted: 7 years ago.
Category: Family Law
Expert:  Ellen replied 7 years ago.
Hello,

Thank you for your question.

You may consider a petition to the Court for a conservatorship to be appointed for your father.

A conservatorship can be set up for a person that cannot take care of himself and/or his finances. In a conservatorship, the judge appoints another person (the conservator) to be in charge of the conservatee's care and/or finances. The conservatorship renders void any existing POA.

You could petition the court to appoint either yourself or another family member to act as conservator. This would allow the conservator to make decisions for your father.

I suggest that you retain local counsel and have your counsel move for a hearing on the petition on an conservatorship. If this is not possible, you can go to the local law library and copy the form templates or purchase the forms on line.

I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
FLANDNYLAWYER

Customer: replied 7 years ago.

 

FlanandNYLawyer,

 

Thank you for your answer, I found a similar answer possibly worded differently. Your answer sounded more specific and may have left out some extras, that cause more time in the courts, which cost more money for the consumer.

Thank you,

Winghaven 7

Expert:  Ellen replied 7 years ago.
You are welcome. Do you need something clarified?

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