Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

My ex-husband is incapacitated and I would like to file to

handle his affairs. He has...
My ex-husband is incapacitated and I would like to file to handle his affairs. He has two adult children but I'm not sure that they will do the right thing by each other. How do I proxeed?
JA: What state are you in? It matters because laws vary by location.
Customer: Illinois
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Show More
Show Less
Ask Your Own Legal Question
Answered in 7 minutes by:
9/26/2017
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4,393
Experience: 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Ask Your Own Legal Question

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

To do this you Petition the Court to be appointed the guardian of your ex. You can be appointed guardian of his finances and/or guardian of his person. These duties can be separate.

You start by filing a Petition

See this manual for detailed information on the process:

https://www.illinois.gov/sites/gac/OSG/Documents/PRAGUIDE2007.pdf

Here is a link to the law:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2104&ChapterID=60&SeqStart=14300000&SeqEnd=17600000

Here are the forms:

https://www.isba.org/sites/default/files/cle/Deborah%20Cole.pdf

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

Ask Your Own Legal Question
Customer reply replied 2 months ago
Would I be able to obtain a power of attorney instead of guardianship? Either way, he is not able to sign any paperwork.Thank you

If he is incapacitated then he is not competent to give you his POA. That is why you need the Guardianship.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4,393
Experience: 30 years of experience
Verified
Gerald, Esq and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 2 months ago
One more thing. What is the likelihood that I will be granted Guardianship over the daughter? Does she have a better chance of being his Guardian since she is his child and I am the ex-wife.Thank you

It depends on whether or not you both seek the Guardianship. Normally the Court will prefer a blood relative. So if his daughter seeks the Guardianship she will likely get it all things being equal.

Thank you for the positive rating.

Ask Your Own Legal Question
Ask Gerald, Esq Your Own Question
Gerald, Esq
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4,393
4,393 Satisfied Customers
Experience: 30 years of experience

Gerald, Esq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,325 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,642 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,245 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

290 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I have a durable power of attorney and need to add
I have a durable power of attorney and need to add additional pages. The original package had15 pages, we only notarized first four pages, an agency is asking for additional eleven pages, principal no… read more
socrateaser
socrateaser
1,031 satisfied customers
If someone has a power of attorney, can they use that to get
if someone has a power of attorney, can they use that to get phone records for that persons phone… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,720 satisfied customers
Can a healthcare power of attorney be delegated against the
Second opinion] can a healthcare power of attorney be delegated against the patient's wishes? what is a patient's legal recourse if a medical provider takes direction from an unauthorized person again… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,963 satisfied customers
How to write a durable power of attorney/ No paper work
how to write a durable power of attorney/ JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed? Customer: no paper work filed in the state of Kentucky. JA: Hav… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,299 satisfied customers
Can a medical pot and durable power of attorney keep me from
can a medical pot and durable power of attorney keep me from visiting my mother with out him being there … read more
Damien Bosco
Damien Bosco
3,111 satisfied customers
Does a general power of attorney cover medical decisions and
does a general power of attorney cover medical decisions and financial decisions? … read more
Bill Attorney
Bill Attorney
law
1,477 satisfied customers
We are getting a durable power of attorney signed by mother
We are getting a durable power of attorney signed by mother in Texas. My sister will be the agent. Can I be one of the 2 witness signatures that is needed? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,487 satisfied customers
I want to ask a question about Power of Attorney. Michigan,
Michigan, My son is incarcerated and gave his wife Power of Attorney and needs to change it. Is that possible? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,963 satisfied customers
Have power of attorney in michigan for Mother in law. Taking
have power of attorney in michigan for Mother in law. Taking care of her...she is in assisted living memory care unit. She has lost short term memory and we need to legally sign docs for her under pow… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,077 satisfied customers
Can a power of attorney be verbal. In colorado nothing has
in colorado nothing has been filed has given verbal dnr … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,720 satisfied customers
I have a question on misuse of power of attorney. Pa not
I have a question on misuse of power of attorney JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed? Customer: pa not sure , i'm left on the dark on that JA:… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,299 satisfied customers
What does it mean on a power of attorney when it say to
what does it mean on a power of attorney when it say to handle all maters concerning my life insurance, excluding the right to change beneficiaries, method of payment of insurance proceeds. my son is … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If there are 3 children appointed as power of attorney.
If there are 3 children appointed as power of attorney. Should all 3 act together on decisions of what is to be done. Or is it ok for one to act alone without notifying the other ones involved? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,866 satisfied customers
Iam trying to buy a condo the person with power of attorney
Iam trying to buy a condo the person with power of attorney hasnt got clear title yet condo association daid i must be out end of month though it a lease buy u cant rent the condo herr mabank tx… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,642 satisfied customers
Is it possible to fill out a power of attorney giving
Is it possible to fill out a power of attorney giving someone else authority while i'm away or in a different country from that person.… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,165 satisfied customers
Power of attorney financial help, Michigan just for medical,
Power of attorney financial help JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed? Customer: Michigan just for medical JA: Has anything been filed or repor… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,866 satisfied customers
Power of Attorney papers were signed in California. Are they
Power of Attorney papers were signed in California. Are they all legal here in South Carolina? … read more
KJL LAW
KJL LAW
Juris Doctorate
1,678 satisfied customers
Can a copy of a notarized will or power of attorney be
Can a copy of a notarized will or power of attorney be sufficent or does every copy of a will or power of attorney have to notarized … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,642 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x