QUESTION
Do I need an attorney to get power of attorney over my grandmother who is a nursing home?
Asked on Dec 27th, 2011 on Guardianship and Conservatorship - Illinois
More details to this question:
I''ve been taking care of my grandmother for three years and I recently transferred her from one nursing home to another. The new nursing home is asking for proof of power of attorney. I''ve been faithfully taking care of my grandmother for three years and I never applied for power of attorney. She is a subacute patient in a wheel chair and unable to write. She is competent.
2 ANSWERS
Lori G. Levin
Mr. Melamed is correct that if she is competent, she can hire an attorney who can draft and have her sign the power of attorney. If she needs a guardian, a petition will need to be filed in probate court. The court will appoint a guardian ad litem to report to the judge on her abilities and desires and the court will also need a report from a qualified physician alleging her disabilities to manage her own affairs and/or finances. Please be aware that once the court is involved, its permission is necessary to change her placement and annual reports will be required.
Please contact an attorney as soon as possible to determine how best to proceed.
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 9:29 AM
Estate Planning Attorney serving Bloomfield Hills, MI
at
Strobl & Sharp, P.C.
Update Your Profile
If she is competent,she should hire an attorney (who will come to her) to draft a power of attorney and any other pertienent documents. If she is not competenet enough to execute these documents, you must petition the court for guardianship.
Answered on Jan 03rd, 2012 at 3:25 PM