QUESTION
For temp guardianship, judge will go back 3 to 5 years on mom's finances, does he need 10 years of income tax returns
Asked on Jun 21st, 2021 on Guardianship and Conservatorship - Illinois
More details to this question:
My sisters are going for temp guardship for our mother. They are collecting the paper work, finances, etc. for the laywer. I do her taxes & told them I don't have 10 years. They said I would be in contempt of court & will have to serve a day in jail. Is any of this true? Also, I looked after my mom for 8 years. None of us knew we could not spend her money to take care of hee. So I would be on the hook for losing my home. I'm 64 & have no where to go if that happens. What can I do?
1 ANSWER
2 Awards
You are only in contempt of court if the court issues an order and you fail to obey it.
Anyone acting under a Durable Power of Attorney is authorized to spend your mother's money to pay for her care.
Nothing in your description indicates that you did otherwise and would therefore be subject to a lawsuit to recover funds on your mother's behalf. In addition, if there were such a suit and it were successful, you could save your home by declaring bankruptcy. The home is exempt in bankruptcy.
Answered on Jun 22nd, 2021 at 5:22 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.