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Presumption of Fraud with a Power of Attorney in Divorce
If a person or entity receives a Power of Attorney, there can be a presumption of fraud after receipt of the Power of Attorney in regard to any actions, during the lifetime of the maker, including by estate planning documents, that benefit or favor the holder of Power of Attorney. That does not mean that fraud has actually occurred. Rather, the presumption of fraud is intended to benefit the maker, who is in a vulnerable position. The presumption of fraud can be overcome by clearing convincing evidence, or more probably than that, that fraud did not occur with respect to transactions that benefitted the holder of the Power of Attorney during the lifetime of the maker or upon the death of the maker, pursuant to estate planning documents of the maker.
In deciding child custody, the Illinois court does not consider the gender of the custodial parent. The court considers all relevant factors including the wishes of the child's parents, the wishes of the child, the relationship of the child with the parents, siblings, and any other person who significantly affects the child's best interest, the child's adjustment to home, school, and community, the mental and physical health of everyone, any physical violence by the child's potential custodian, whether directed at the child or at another person, episodes of repeated abuse whether directed at the child or directed at another person, and the willingness and ability of each parent to encourage a close relationship between the other parent and the child.
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