Well ... actually you probably need two! In 1987 Illinois was at the forefront of planning as the legislature
approved a law allowing you to take control of your destiny in the
event of your incapacity by allowing you to execute Health Care Power
of Attorneys and Property Powers of Attorney.
So what if I don't have a Power of Attorney?
The purpose of a Power of Attorney is to avoid the necessity of having a guardian appointing for you in the event of your incapacity. Guardianship proceedings occur in the probate court and are very involved proceedings. Once a person is appointed as your guardian, they will remain responsible for your care and/or your finances, until the court relieves them of their responsibilities. The will need to keep the court informed as to your condition and be responsible to get approval Most guardians hire attorneys to represent them in court and deal with the intricacies of the probate law. The court costs and attorneys fees associated with guardianship proceedings can be high.
Can I just buy a form from the office store?
In today's world it is possible to obtain forms on the internet, from hospitals, social service agencies and office supply stores. Some are very generic and are supposedly "good in all 49 states." They usually exclude Louisiana. However, even the forms that are specifically written in compliance with Illinois law are much more involved than they appear. You are hiring our firm as your attorneys for the knowledge associated with understanding the complexities of the legal documents, the laws related to the reason for the documents and our experience in avoiding problems that are not apparent to those not involved specifically in the areas of estate planning and elder law. a It pays to hire competent professionals to help you with Elder Law matters!