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My mother has decided to make her financial manager her power of attorney instead of family, she told me she wanted a "neutral party". She has told me in detail about her will and last wishes. Can the financial manager alter her will or not carry out the wishes of my mother upon death? Should I worry about corruption or advise my mother to make a change?

Submitted: 393 days and 12 hours ago.

Category: Legal

Value: $30

Status: CLOSED

Illinois

Already Tried:
I have concerns that a financial manager, as power of attorney, could take my mother's assets (money, investments etc)

Posted by Benjamin M. Burt, Jr., Esq. 393 days and 12 hours ago.

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393 days and 11 hours ago.

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Illinois

Posted by Benjamin M. Burt, Jr., Esq. 393 days and 11 hours ago.

Answer

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.
I am a licensed attorney, and I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. Thank you for taking the time to supply the additional requested information, which was helpful to my analysis of your issue.
I commend you for being concerned about the welfare of your mother. If she is mentally competent to do so, then the choice of whom is appointed as her power of attorney rests solely in her discretion. However, the Illinois Power of Attorney Act, codified at 755 ILCS 45/1-1 et seq., does impose upon the POA a legal duty to act with "due care for the benefit of the principal" (your mother). This is a fiduciary duty recognized at law, and it holds the POA to a rather high standard of care. The law also provides that, as the principal, your mother may revoke her choice of appointment "at any time and in any manner communicated to the agent".
If you have concerns about your mother's choice, your first step would be to discuss those concerns with her directly. Other than for trying to get her to see things your way, the only to force a change would be to file an action petitioning the court to revoke the appointment. I hope that all works out, and my best wishes to you and your mother.
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393 days and 9 hours ago.

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So essentially, it is a poor decision. The reason she chose him was because she originally appointed her sister and myself as POA, which was a bad idea (LONG STORY, not needed for this question but it had to due with their mother suffering with dementia and adminstration of pain medication) I clicked on the link, I just wanted a little more feedback, please if possible:

(n) Estate transactions. ?he agent is authorized to: accept, receipt for, exercise, release, reject, renounce, assign, disclaim, demand, sue for, claim and recover any legacy, bequest, devise, gift or other property interest or payment due or payable to or for the principal; assert any interest in and exercise any power over any trust, estate or property subject to fiduciary control; establish a revocable trust solely for the benefit of the principal that terminates at the death of the principal and is then distributable to the legal representative of the estate of the principal; and, in general, exercise all powers with respect to estates and trusts which the principal could if present and under no disability; provided, however, that the agent may not make or change a will and may not revoke or amend a trust revocable or amendable by the principal or require the trustee of any trust for the benefit of the principal to pay income or principal to the agent unless specific authority to that end is given, and specific reference to the trust is made, in the statutory property power form.

So should I be worried about 1. her healthcare 2. her finances 3. any possible property that is currently left to me as of now.

I am sorry if I am confused, I know it is her discretion, however my mother is one is easily persuaded and I believe she has the beginning stages of Dementia (constantly repeating herself)

Again, thank you for your reply to this final question, I will accept and give you Outstanding feedback.

Accepted Answer

Hello again and thanks for writing back. I will be very glad to comment further. There is no need at all to apologize. I can only imagine how concerned I would be if this matter concerned my own mother. Let me try and address each concern you have very understandably raised, and please do not hesitate to write back again if needed.
"her healthcare": This is one of the most clear-cut areas of the law and one where you should have the least worries. The "general" or "statutory" POA governs only monetary and business matters (i.e. property, accounts, etc.). Health care decisions are governed by an entirely different body of law known as the Powers of Attorney for Health Care Law, codified at 755 ILCS 45/4-1 et seq. If she has not already done so, it would definitely be prudent for your mother to execute such a document now to enable you to make those important decisions should she be unable to do so on her own behalf. Here is a nice overview of the differences between the two types of POAs. It would be best for your mother to consider executing the following three documents: Illinois DNR Advance Directive; Illinois Living Will; and Illinois Power of Attorney for Health Care (Short Form).
"her finances": This should be the area of greatest concern, as the powers granted in the statutory POA are broad and sweeping. In effect, the agent she has appointed can act in your mother's stead when it comes to things such as bank accounts, property transactions, etc. Frankly, I am especially concerned by your mention that your mother is easily persuaded and may be in the beginning stages of Dementia. Your best recourse really is to talk with her one-on-one when the time seems right. Let her know your concerns in basic terms, and if at all possible have her sign a revocation of the POA and send it to the financial manager, at the same time executing a new POA naming you as agent.
"any possible property that is currently left to me as of now": Any disposition made pursuant to your mother's will is not subject to alteration by the agent. However, that again raises the question of how well he should be trusted to manage your mother's property and financial/business affairs until her death. ll of this really boils down to trying your best to get your mother to make these changes now. This is so much easier than having to go to court and have a guardian appointed in the event that (and I hope this is not the case) her Dementia continues to progress to that point. My thoughts are with you during this difficult time. Let me just close with this thought. I do not know this financial person and obviously have no personal knowledge of the situation. However, placing myself in your shoes I would definitely be quite concerned if my mother had made such an appointment of agent. So, I say all of that just to reassure you that I think you have good cause to be concerned and try to protect your mother's interests at this vulnerable point in her life.
I hope this is of some more help. Take care and thanks again for using Just Answer™.

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Expert:	Benjamin M. Burt, Jr., Esq.
Pos. Feedback:	99.4 %
Answered:	10/25/2008

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