QUESTION
How do I get power of atty for my grandma since my mother and aunt, in my opinion, are incompetent?
Asked on Feb 08th, 2012 on Elder Law - Illinois
More details to this question:
If my grandma was diagnosed with dementia almost a year ago and her 2 daughters, one my mother, have failed to properly see to her medical needs (including failing to install a ramp since she has been wheelchair bound, which has been the case for 3 years before dementia was even a factor, but what if there is a fire or something). I don''t know, none of it seems right. My mother is financial power of atty and my aunt is medical power of atty and they cannot come to terms on her care. She needs hearing aids but my aunt continually cancels her dr. appts. Additionally, my aunt stole my grandmas identity to the sum of approx. 80k, but that was before dementia and grandma refused to press charges. This is a long question, but how incompetent or how much do I have to prove these people are incompetent, in order to have them not be in control anymore. Grandma just sits at home day with no way to leave in an emergency...
2 ANSWERS
Lori G. Levin
Astrid de Parry is correct in suggesting that you seek the advice of an elder law attorney to determine if filing a guardianship petition is appropriate. This may be a situation where your mother and aunt need resources and help to best serve your grandmother. Contacting your local Department on Aging agency is also appropriate. The local agency may be able to access services that your mother and aunt may not.
If you believe that she is neglected or abused, you may report it to the local adult protective service agency. In Illinois, local agencies are the designees to investigate elder abuse issues but the state serves as the central point for those investigations. The state hotline number is 800-252-8966.In Illinois, the Department of Children and Family Services does not handle issues pertaining to older adults.
Please contact an attorney to best advise you.
Lori G. Levin
Attorney at Law
180 N. LaSalle, Suite 3700
Chicago, IL 60601
312-972-3756
levin@lorilevinlaw.com
www.lorilevinlaw.com
Answered on Jul 31st, 2012 at 7:06 AM
4 Awards
If you are concerned for grandmother's care and finances, you should seek out an elder law attorney. He or she may suggest that you initiate guardianship proceedings to end your mother's and your aunt's authority to act under the Power of Attorney for Finances and Medical. You may also want to consider contacting Adult Protective Services or the Department of Children and Families.
Answered on Apr 18th, 2012 at 4:07 PM