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DuPage County power of attorney lawyersWhen you look to the future, you probably understand that a time might come where you are no longer able to make sound decisions for yourself. Nobody likes to think in such terms, but the reality is your health could deteriorate to the point where you cannot express your desires about your money, belongings, or even your medical care. In order to account for this possibility, the law in Illinois allows you to choose a person to act as your power of attorney for important decisions like these. The selected person will have legal authority to make decisions for you in the event you are unable to make them for yourself.

Characteristics of the Right Person

Under Illinois law, the person you choose as your power of attorney is actually called an “attorney-in-fact” or an “agent.” Your agent must have the necessary skills and ability to handle the responsibilities associated with a good power of attorney. A solid candidate must:

  • Be detail-oriented;
  • Be organized and financially responsible;
  • Be educated and/or experienced in dealing with finances, insurance, and/or healthcare, depending upon the duties you are asking of him or her; and
  • Be able to work well with accountants, lawyers, doctors, hospitals, and other professionals to protect you and your best interests.

In addition to being capable, your selected agent must also be willing to take on the responsibilities associated with powers of attorney. A person who only agrees out of a sense of obligation is not likely to be very helpful. If you ask someone to be your agent and they seem unsure, you might want to ask somebody else.

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Lombard estate planning attorneyOver the last couple of weeks, posts on this blog have discussed how your estate plan could be affected by a divorce. The first post covered your will while the second post talked about the impact of a divorce on certain types of trusts. While wills and trusts are two of the most common estate planning tools, there are others that might need to be updated if you decide to get divorced, including powers of attorney for property or health care.

Powers of Attorney

A power of attorney refers to an arrangement in which a person—called the “principal”—gives legal authority to another person—called an “attorney in fact” or an “agent—to make decision on the principal’s behalf. A power of attorney can include a wide range of decision-making responsibilities, but there are two basic types. A power of attorney for property gives the agent the authority to make decisions regarding the principal’s assets, debts, and other property, while a power of attorney for health care allows the agent to act on the principal’s behalf in matters related to health and medical care.

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Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners Illinois Association Criminal Defense Lawyers DuPage County Criminal Defense Lawyers Association
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