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Illinois restraining order question

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  • Illinois restraining order question

    Without going into details one of our family member's husband, who lives in Illinois is the power of attorney over his wife (said family member) and is not making decisions that are in her best interest so we are trying to take the power of attorney away from him and transfer it to her brother (this would be against her husbands will) I read that she is able to do it herself and assign it to her brother against her husbands will. He does not necessarily need to relinquish it. A simplified way of the process, but is this correct? If not, how would we go about doing this? There are some mental issues being bipolar and the primary reason of the mess. Does this affect the courts decision to honor a request from a person with diminished mental capability? She does have a history of being admitted to psych by her husband. leading to the next question what is the process for a restraining order? I live in another state so not as familiar with IL legal methods so I want to make sure i have all the information possible before moving forward with legal decisions. Fortunately he isn't very tech. or Law savvy, so doesn't know about this forum, but just in case I'm going to delete this post after a little bit. Thank you very much for your help. Retaining a lawyer to assist in this process is ultimately up to her brother, but I have suggested to involve one. Where can I get the paperwork to get this started?

  • #2
    You are asking this on a law enforcement forum. You have a civil issue. It is not a law enforcement matter and the police would have no involvement in this in any way. You need to talk to a lawyer.
    183 FBINA

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    • #3
      I understand that, just wondering if anyone had knowledge or info to share. Local LE have been involved responding to their residence. As far as we're aware it has not escalated to battery DV and there isn't any evidence to suggest otherwise. We do know that upon request of her husband police have taken her into custody and involuntary admitted her to psych.

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      • #4
        If you're a cop, you SHOULD know this is a civil issue. You should also KNOW that you need to consult an attorney, not ask cops what to do.
        Now go home and get your shine box!

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        • #5
          Originally posted by wi law View Post
          I understand that, just wondering if anyone had knowledge or info to share. Local LE have been involved responding to their residence. As far as we're aware it has not escalated to battery DV and there isn't any evidence to suggest otherwise. We do know that upon request of her husband police have taken her into custody and involuntary admitted her to psych.
          It's still not a matter for the police. It's a civil matter. There's nothing the police can do nor would they respond to anything involving a power of attorney. Civil. Not anything the police can nor should do. Call an attorney. An attorney will be happy to share any information they may know concerning power of attorney.
          Do you want to know anything about farming, plumbing or electrical problems too? If so, call one of them. Same type situation. None are police business.
          183 FBINA

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