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Geneva, IL Lawyer for Powers of Attorney

Kane County lawyer for powers of attorney

Estate Planning Attorney for Medical and Financial Decision-Making Powers in Kane County

For many people, one of the primary motivations for estate planning is securing control over decisions regarding one's own assets and medical care, rather than leaving them in the hands of someone else. However, it is always possible that circumstances outside of your control could leave you incapacitated and unable to make your own decisions. By establishing powers of attorney, you can create a contingency plan that ensures these decisions are left to a person you trust.

At Loire Krajniak Law, LLC, we understand that your possible incapacitation is a difficult subject to consider, but we also recognize the importance of having estate planning measures in place to address such a situation. We work with clients to draft powers of attorney for property and health care that address their personal needs. With 10 years of legal experience and a compassionate approach, we strive to provide our clients with the best possible estate planning experience.

Power of Attorney for Property in Illinois

When you establish a power of attorney for property, you—the "principal"—authorize another person—the "agent"—to make decisions about your property and finances on your behalf. A power of attorney for property can be useful under many different circumstances, including when you want someone to take over decision-making authority temporarily or for a specific purpose. However, for the purposes of estate planning, it is often beneficial to establish a durable power of attorney, meaning one that remains in effect in the event of your disability or incapacitation.

The role of an agent named in a durable power of attorney for property is similar to that of the guardian of the estate for a disabled adult. One important difference, however, is that you can be proactive in granting power of attorney and designating certain types of decisions over which your agent will have authority. In Illinois, a power of attorney for healthcare typically addresses decisions related to:

  • Transactions involving bank accounts, investments, and real estate
  • Management of retirement savings and government benefits
  • Tax and insurance matters
  • Management of business operations
  • Any other financial and property matters the principal chooses to include

Your agent is required to make decisions in keeping with your best interests and personal preferences, and you may choose to leave detailed instructions to guide them in their decision-making.

Power of Attorney for Health Care

You may also choose to establish a power of attorney for decisions related to your medical care and treatment. Unlike a power of attorney for property, a power of attorney for health care is always durable, and typically takes effect only in the event that you become incapacitated. A medical power of attorney can grant your agent the authority to access your medical information and to make decisions regarding:

  • The treatment you receive, including life-sustaining treatment
  • Your admission to a hospital or another care facility
  • The treatment of your remains after your death, including the donation of your body or organs

When drafting a power of attorney for health care, it is common to include a set of instructions, known as a living will or advance directive, to guide your agent in their decision-making. Specific examples of advance directives include a Do Not Resuscitate (DNR) order or Practitioner Orders for Life-Sustaining Treatment (POLST), both of which directly address your end-of-life care. These measures help your agent ensure that their decisions are consistent with your values, beliefs, and preferences.

Contact a Kane County Estate Planning Lawyer

If you are looking to ensure that decisions about your finances and medical care are in good hands, we can work with you to draft powers of attorney to make this possible. Contact us today for a free consultation by calling 630-448-2406. We help clients with estate planning in Kane County, including Geneva, Sugar Grove, Yorkville, Plano, Big Rock, Aurora, Bristol, and the surrounding areas.

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