Defendants were employed as caregivers for decedent, and they obtained POA for health care and property for her when she was age 95 and opened joint bank account at Respondent bank. Defendants deposited much of decedent's life savings into joint account, and wired money from joint account to Respondent bank account in Ukraine. Six months after Defendants obtained POA, psychiatrist evaluated decedent and concluded that she had dementia and the dementia was present for several years. Court properly granted summary judgment for Respondent bank, in citation to recover assets proceeding, finding there was no evidence bank knew or should have known of decedent's mental incapacity at time she opened joint bank account. No expert or health care provider testified as to decedent presented herself at the time she opened the joint account. (McBRIDE and HOWSE, concurring.)
Illinois Appellate Court
Civil Court
Powers of Attorney