QUESTION
Can a Power of attorney be legal within the first 30 days of death and while husband was highly medicated be legal?
Asked on Sep 09th, 2020 on Wills and Probate - Illinois
More details to this question:
my daughter went and got a order of protection when the Dr said my husband had 1 month left to live. The order of protection was dismissed 3 weeks after it was temporary filed with no prove of abuse. His family came in and cleared the house the night my husband passed away. No one lived with us and zi was on disability as well with cancer reconstruction surgery suffering complications with an infection.
1 ANSWER
2 Awards
The question of whether a Durable Power of Attorney was legally obtained does not turn on the time remaining until death or the prognosis but on whether the person who signed it had legal capacity to do so when he did. The answer is not clear.
Even if the Durable Power of Attorney was valid and gave the agent (your daughter) authority over your husband's personal property, that Durable Power of Attorney and that authority expired with your husband. A suit may be had for conversion (converting your husband's property, and perhaps yours or property in which you have an interest into hers).
This might best be handled together with the probate of your husband's estate. Talk with a local probate lawyer.
Answered on Sep 10th, 2020 at 10:09 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.