betterdays
Junior Member
What is the name of your state? illinois
My mom was place in nursing home by my dad and brother at the end of November, within the first week they hired and attorney and applied for Guardianship of my mom, she was declared incompetent by drs, due to mid level alzeheimers.
Over Christmas Dad annouced that the attorney thinks that a power of attorney be drawn up giving it to my brother as he lives the closest to my dad.
I have concerns over this as my brother has been acting strange and is the type of person who will look out for himself first and his siblings last. Right now because I am only posing questions to what they are doing they are seeing me as being against everything they want to do. My brother has a history of not talking to family members if they have made him mad by making some comment, right now I am the person he is not speaking to because of my questions. I am concerned because what if my dad makes him mad about a decision and he has power of attorney!
That is the background to the question I am asking, obviously a lot of emotional baggage is going on along with the legal issues.
My legal question is this, once my dad is granted guardian of my mom and has access to her money to pay for nursing home, etc, if he then gives my brother power of attorney does that in effect make my brother my mother's guardian? If something happens to my dad, ie., he being declared incompetent (i am sure they are discussing a durable power of attorney) does my brother then automatically become the guardian of my mother as well? Or will any and all siblings be able to request the court to make them the guardian? Would the court most likely continue to let the power of attorney continue to be in charge of both of their bank accounts.
My mom was place in nursing home by my dad and brother at the end of November, within the first week they hired and attorney and applied for Guardianship of my mom, she was declared incompetent by drs, due to mid level alzeheimers.
Over Christmas Dad annouced that the attorney thinks that a power of attorney be drawn up giving it to my brother as he lives the closest to my dad.
I have concerns over this as my brother has been acting strange and is the type of person who will look out for himself first and his siblings last. Right now because I am only posing questions to what they are doing they are seeing me as being against everything they want to do. My brother has a history of not talking to family members if they have made him mad by making some comment, right now I am the person he is not speaking to because of my questions. I am concerned because what if my dad makes him mad about a decision and he has power of attorney!
That is the background to the question I am asking, obviously a lot of emotional baggage is going on along with the legal issues.
My legal question is this, once my dad is granted guardian of my mom and has access to her money to pay for nursing home, etc, if he then gives my brother power of attorney does that in effect make my brother my mother's guardian? If something happens to my dad, ie., he being declared incompetent (i am sure they are discussing a durable power of attorney) does my brother then automatically become the guardian of my mother as well? Or will any and all siblings be able to request the court to make them the guardian? Would the court most likely continue to let the power of attorney continue to be in charge of both of their bank accounts.