Legal Advice - New Lenox,IL

Updated on March 07, 2011
H.A. asks from New Lenox, IL
5 answers

Hello Mamas!
Just looking for some advice on a family matter. Our father has been diagnosed with dilusional disorder. This has played an issue with his financial responsibility on his home and a business. We have tried ti intervene and assist him but with no acceptance we were forced to apply for legal guardianship under him. He has fallen behind on payments and taxes. His home is in possibility of being sold due to back taxes. My father has contested to this so now courts are involved. They have assigned a temporary guardian of the state. If my dad does not assign a family memeber or freind he will automatically be awarded to the State. The information we have on thsi is gloom.
They will control his assets as well as his health care- we are told we have an opinion but no rights if this is completed.
We have asked to back out of the guardianship now and allow my dad to go back on his own and they have told us due to medical facts against him this cannot be done. We may end up getting another lawyer but wondering if anyone knows anything about this issue.
My dad in his illnness feels the state is his friend and the government will protect him..therefore he is willing to sign over to them.
With the illness he creates things and feels good things are bad and bad things are good- (i.e. the state controlling him)
Help is needed for his medical but we are being told in the court the judge will allow his voice over medical. Should we go to court and drop more money that we don't have and fight this? We were also advised the judge will not award us anything- he wil will rule in favor of the stae! sounds crazy- what do you think? thanks for your time

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More Answers

C.O.

answers from Washington DC on

Oh my!! I don't know how to answer this except to say I'm sorry and you are in prayers.

Hire a lawyer - ensure your dad's guardianship gets transferred to a TRUSTWORTHY family member (I've seen it before when a BUNCH (like millions) gets blown by a family member who feels "entitled"....

He's your FATHER!! PROTECT HIM!!!

1 mom found this helpful
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A.S.

answers from Chicago on

I work in Will County and there are people on my caseload who are wards of the state of IL. It is true that you, as involved family, will have an opinion but no rights. And the rep from the state guardian's office who is assigned to your Dad may listen to your opinion but not agree with it and he/she will be the one making the legal decisions. As family members, you can present to the judge your reasons why one of you should become guardian rather than having your Dad become a ward of the state. In my experience, the courts, etc. would prefer a family member to step forward as the state guardian's office is already short staffed, etc. like many other government offices. I would get a lawyer who can go over the particulars of your situation. If finances are a concern, call Will County Free Legal. They will do a consultation at no charge and have a sliding fee scale after that. You may be able to get enough assistance from them. Good Luck! I'm sure this is a hard situation for your family.

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J.A.

answers from Chicago on

I refer people with hard questions like this to a lawyer I trust. Jack Kennelly in Oak Park. ###-###-####. I know he will do a free phone consult. If he can help, then you will talk fees and strategy. He works alot with aging adults and their families, wills and trusts. He should at least have some great opinions.
Best,
J.

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R.M.

answers from Cumberland on

Are you sure he doesn't have a will that contains directives in the event something like this happens? If not-and the wheels are in motion-he may become a ward of the state and , yes, they will take it all. This is what happens when people don't have wills, living wills and directives and when we elect officials whose sole purpose in life is to pump up the government and usurp our rights as citizens to have autonomy and self-determination. Look on the bright side, the state will probably take good care of him, and there will be no argument as to how the funds will be spent or to whom they will go. Good luck-I hope things turn out the way you want.

G.T.

answers from Modesto on

go to avvo.com It's a good site to get some legal questions answered.

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