DURABLE POWERS OF ATTORNEY

Name: DURABLE POWERS OF ATTORNEY - Elder Law & Estate Planning Attorneys of Illinois, PC
Uploaded: 2021-09-30
Duration: 2 min 20 s
Description: The Elder Law & Estate Planning Attorneys of Illinois, P.C./ The Law Office of Siebert & Associates, P.C. is currently doing in person at our office consultations in our Covid-19 conference room, our staff is 100% vaccinated and we comply with strict COVID guidelines so that we can safely help our C

The Elder Law & Estate Planning Attorneys of Illinois, P.C./ The Law Office of Siebert & Associates, P.C. is currently doing in person at our office consultations in our Covid-19 conference room, our staff is 100% vaccinated and we comply with strict COVID guidelines so that we can safely help our Clients. In addition, we continue to offer remote Zoom consultations for our Clients who are unable or uncomfortable coming to our office.

The Elder Law & Estate Planning Attorneys of Illinois, P.C. is currently meeting clients and potential clients in person at our office in our Covid-19 conference room. Our staff is 100% vaccinated and we comply with strict COVID guidelines so that we can safely help and service for our clients as well as potential clients. In addition, we continue to offer remote Zoom consultations for clients and potential clients who are unable or uncomfortable coming to our office.

COVID-19 Safety Protocols and COVID-19 Conference Room

The Law Office of James C. Siebert & Associates, PC / Elder Law & Estate Planning Attorneys of Illinois, P.C. is open and has taken steps to minimize any risk to Clients, visitors, or staff. The Office has implemented specific protocols and created a restricted access COVID-19 Conference Room, which either meet or exceed the appropriate CDC guidelines. Clients and potential Clients can safely meet with an Attorney either by video-conference or face to face in the COVID-19 Conference Room. Information on the Office Protocols can be found on the Office Protocols For Coronavirus Outbreak webpage and information on the Office’s COVID-19 Conference Room can be found on the webpage entitled COVID-19 Conference Room Is Open to Serve Your Legal Needs Safely. It is our goal to continue to provide the highest level of legal services to our Clients while protecting the safety of both our visitors and staff.

Durable Powers of Attorney

Durable Powers of Attorney for Health and Property

If you become incapacitated without Durable Powers, it may be necessary for your family or friends to go to court for a Guardianship proceeding in order to appoint someone to make decisions on your behalf, both a time consuming and expensive process. Furthermore, when the court appoints a guardian, you may not have the person making the decisions for you that you would have chosen. The Power of Attorney can be very specific or very general, and you can give the Power of Attorney to anyone you choose. Your agent does not have to be an attorney. Choose someone you can trust with the responsibility. It might be your daughter, brother, friend, or spouse.

Rather than being defined by technical legal distinctions, Elder Law is defined by the client to be served. “Elder Law” is the legal practice of counseling and representing older persons and their representatives about the legal aspects of health and long-term care planning, including Medicaid payments for long term care, decision making upon the senior’s incapacity, through the use of Durable Powers of Attorney and Trusts, Asset preservation to protect a community spouse or a legacy for the family, transfer of assets upon death through the use of Trusts or probate. In other words, the lawyer who practices in this area of the law may handle a range of issues but has a specific type of client–seniors.

As the Durable Powers of Attorney for Property and Health Care are separate documents, you may choose the same or different agents to carry out your wishes for each depending on who in your life is best suited for the role. A Durable Power of Attorney authorizes your agent to continue to act for you after you have become incapacitated. This document ends at your death. It can take effect as soon as you sign it, or at a future date if you were to become incapacitated.

A Durable Health Care Power of Attorney appoints a person to make medical decisions for you. This allows your agent to participate in medical discussions and weigh the pros and cons of treatment decisions. The agent then can make an informed decision in accordance with your wishes. A Health Care Power of Attorney lets you give specific instructions about any treatment that you want done or want to avoid and about organ donation. You can include whatever issues you care about most.

A Durable Power of Attorney for Property allows your agent to handle your financial affairs. Your agent can collect your income and pay your rent and utilities, if you were to become temporarily incapacitated, so that you have a place to come home to after you recover. Again, you can give specific instructions or place specific limitations on the Durable Power of Attorney for Property in accordance with your wishes. Call Elder Law & Estate Planning Attorneys of Illinois , P.C. at (847)253-7500 today to schedule an appointment with an experienced Estate Planning Attorney.

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NOT ALL DURABLE POWERS OF ATTORNEY ARE EQUAL

The Illinois Power of Attorney Act sets forth the base criteria for the creation of a Durable Power of Attorney for Property and Durable Power of Attorney for Health Care. In fact the act contains a standard form which represents the basic standard form that can be used. While the Act sets forth this base standard form, it clearly indicates that only certain provisions are mandatory and that in use a Durable Power of Attorney can be substantially modified and still be valid provided those mandatory provisions are included. While on the face of these documents they appear to cover most everything, the fact is the powers granted under these documents has limitations and restrictions as set forth in the Act as well as a result of specific Court Decisions.

Many attorneys, especially those who are not as experienced in estate planning or elder law will simply use this base form without modification or minimal modification. An experienced Elder Law Attorney will substantially modify the standard provisions of both the Durable Power of Attorney for Property and Durable Power of Attorney for Health Care to include additional powers specifically designed to allow the agent to carry out principal’s wishes as to long term care planning.

Frequently, the Elder Law Attorney will also include limitations on an agents authority in order to respect the principal’s wishes, protect the principal from actions of the agent which might unknowingly waive some of the Principal’s rights under Federal and State law, as well as provisions designed to protect the agent from personal liability for the principal’s debts. An experienced Elder Law Attorney has had years of dealing with Clients and the practical issues that arise when attempting to use a Durable Power of Attorney and modify the Durable Powers of Attorney which they prepare to address these practical issues to protect you.

Let Elder Law & Estate Planning Attorneys of Illinois, P.C. use their years of experience in preparing Durable Powers of Attorney for Property and Durable Powers of Attorney for Health Care for you which reflect that experience and are drafted to address the real life scenarios that you may encounter. Call Now (847)253-7500 to schedule an appointment to have Elder Law & Estate Planning Attorneys of Illinois, P.C. update your Durable Powers of Attorney in order to maximize the protection they provide while you are disabled.

IF YOU WANT TO SCHEDULE AN APPOINTMENT FOR A CONSULTATION ON THIS OR ANY OTHER LEGAL TOPIC, PLEASE CALL (847) 253-7500 OR GO TO CONTACT US PAGE.