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Elder law

My 64 year old friend I've known for years lives in Traverse City MI and owns lakefront Lake Michigan property. To avoid probate when she passes, she placed her 3 children on her deed. She has MS but not to such a degree that she needs to have someone live-in with her and loves being in her home. 2 adult children live out of state. One who is living in Traverse City is married w/2 children and they're not doing well financially. My friend was found passed out at home several months ago and Kirsten and Troy and the other 2 got together and got a lawyer and Kirsten was awarded guardianhip of all my friend's financials and tried to put her in a nursing home. They hired a live-in woman (no background ck) and she treated my friend terribly and stole over $4,000 from her. Her kids have threatened her and terrorized her as it appears they want her property and assets. She had chest pains and great stress over this and is now in Munson Hospital and her kids are placing her in Birchwood nursing home tomorrow. She feels she has no rights as they've taken over her money and she can't even get a lawyer. She is of sound mind and doesn't beong in a nursing home. She loves her children but does not understand how this has all happened to her and how they can get away with this. She has no access to a computer so I'm asking for help for her. Will the nursing home attach her home and VA monthly check to pay for her stay? Can they with all four on the deed?
Asked in MI May 21, 2022
Tag: 

# 1,521

My wife has been the POA for her Mother and Father the past 5 years. Her Father recently passed away. Her Mother is in an assisted living center. Her Mother and Father promised my wife in lieu of charging a POA fee she was promised the car. We were given the car (intent) but was not signed over. "We" have had the car for about 5 months. She (mother) now wants to drive again. We said no, your 88 years old and in very poor physical health, too much risk, liability etc. The Assisted living center provides transp[ortation. The 2 other siblings agreed. The car's blue book worth is ($5000). My wife's work was worth 10 times that amount but we wanted her mother's to protect her cash reserves. Her mother contacted her attorney and her attorney said even though you are entitled to a POA fee you can't collect. Why? You can not back charge for the past 5 years. But her mother did not keep her promise for compensation. No answer given. We have written documentation from a sibling that was witness to that agreement for my wife receiving the car as compensation. #1) we will give the car back but my wife wants to be compensated before she hands over the accounting- my wife is resigning as the POA. Is what this attorney is saying true? I have found nothing in the Illinois State Statutes that prohibits my wife charging a POA fee retroactively nor due I see that the amount had to be originally agreed to- it is discretionary but to be reasonable by percentage or hourly.

Thank you

Asked in IL May 21, 2022
Tag: 

# 1,530

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