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Lombard estate planning attorneyWhen you hear or read the phrase “estate planning,” what comes to mind? If you are like most people, you probably think about wills or maybe trusts that are used to protect a person’s property and distribute it to the person’s heirs upon his or her death. While the protection and transfer of assets are certainly a major focus of estate planning, there are other elements that deal with the quality of a person’s life as he or she gets older. Unfortunately, many of these important subjects are uncomfortable or difficult for many people to talk about, leading to assumptions and misunderstandings that can create serious problems in the future.

Deciding on a Caregiver

Most of us are hesitant to consider a time when we are no longer able get by on our own. The reality, however, is that many of us will need someone to help us with the activities of daily living, especially as we get older. A large number of American adults assume that their children will step into the role of caregiver when the time comes. In fact, according to at least one survey, about three-fourths of parents expect at least one of their children to provide physical or financial help as they get older, and 60 percent of those parents expect to be their daughter.


Lombard estate planning attorneyAs you age, it is not unreasonable for your needs to change. Depending on your physical and mental health, you may require more personal and medical care than you once did. While your family members and loved ones may be willing to help, they may not always be equipped or able to do so. In such cases, you may need to depend upon a caregiver with whom you have no family or personal relationship—at least at the beginning. Over time, you may become very close with your caregiver, possibly even close enough to consider including him or her in your will.

Legal Protections

In 2015, Illinois lawmakers amended to the Illinois Probate Act to provide additional protections for those who are under the care of non-family caregivers. The amendment created the presumption that any transfer of property exceeding $20,000 to an unrelated caregiver is fraudulent if the transfer is challenged. According to the law, the presumption of fraud would invalidate the will or trust making such a transfer.

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