She is currently in an alzheimer care home in Surprise. My sister has taken over her care but my brother and I are concerned for her financial welfare as my sister has a criminal record for grand theft and has been recently incarcerated. We believe she is using my mother's finances for her own personal gain. I contacted my mother's former attorney and is was suggested that we file a conservatorship
Elder Law Attorney
You have given some information, but you have not asked a question. You should contact an elder law attorney who practices in the county where your mother lives to seek his/her counsel to help care for your mother. You can search here on AVVO.com.
Of course, as always this answer is general in nature, applies only to Illinois law, assumes certain facts omitted from the question and does not take into account any facts specific to any person’s particular circumstances. No attorney/client relation is created hereunder and I highly recommend you seek first the counsel and advice of an experienced contested civil litigator prior to taking any actions relating to this matter, as seemingly insignificant actions may have unintended consequences.
I agree that this sounds like a situation where a conservatorship makes a LOT of sense. Since it appears likely that your sister will contest it, you would be best served by retaining a probate attorney to assist you. The attorney can also help you to comply with your duties, after your appointment. It is not rocket science, but it can be confusing if you have never done it before.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!
Family Law Attorney
Contact a good attorney as soon a you read this, get off the internet and et on the phone. Lock up all real estate, stocks and bank accounts. She gave birth to you, loved you and raised you, now it your turn to return the blessings she bestowed upon you.
My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.
Real Estate Attorney
Her attorney was correct. You should contact as attorney although there is considerable information and self help packets available from the Marixopa County Superior Court Self Help Center
Go there and download the material but you woulld be well advised to consult, and probably hire, an attorney.