-10-
day. In 1994, decedent also was experiencing noticeable signs of
Alzheimer’s disease.
On or about July 25, 1994, decedent’s children executed a
document stating that they had concluded that “by reason of
illness or mental or physical disability, LILLIE ROSEN is unable
to give prompt and intelligent consideration to financial
matters, and is unable to manage her affairs”. The document
referenced the language in the trust document that allowed
decedent’s children to become successor cotrustees in such a
situation and stated that they were accepting the roles as such.
Decedent and decedent’s daughter jointly owned a condominium
in Miami Beach, Florida. Decedent lived both there and in
Chicago, Illinois, until 1998, when she became too ill to travel
to Florida. At that time, decedent moved permanently to an
apartment that she leased in Illinois so her daughter could
assist her when her 24-hour caretaker was unavailable. Decedent
remained in that apartment until November 1998 when she was
admitted to the hospital on account of a major stroke that left
her paralyzed and suffering from aphasia. Upon her release from
the hospital, she moved to a nursing home, where she lived,
except for periodic stays in the hospital, until July 1, 2000.
For 1 year after the stroke, her health insurance paid her room
and board at the nursing home, but it did not pay for her
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