Estate Lawyer – Palatine, IL
As you and your loved ones get older, the subject of assisted care should be addressed. It is better to plan ahead while you and/or your loved ones can still make sound decisions. You do not have to navigate this process alone. An experienced Palatine, IL estate planning lawyer from Bott & Associates can assist you as you make these important decisions.
Power of Attorney
Designating power of attorney is accomplished through a legal document where you, the principal, authorize someone else, known as the agent, to represent you when you cannot legally represent yourself. One type is a financial power of attorney which lets your agent make choices concerning your property. Another is the power of attorney that makes decisions concerning your health and medical needs.
A General Power of Attorney lets your agent make all your personal and financial decisions, or you can be specific of what decisions your agent can make by creating a Limited Power of Attorney. By contrast, a Durable Power of Attorney endures if you become incapacitated. There are two types of durable powers of attorney. The durable power of attorney for health care lets someone you select make medical and health decisions for you if you cannot speak for yourself. The durable power of attorney for finances allows you to choose someone you trust to take care of your finances and assets in the event you are unable to do so yourself.
Creating this kind of authority can be intimidating and confusing. It is also a big step to take. Consulting with an experienced Palatine, IL estate lawyer may help to set your mind at ease as you create this kind of authority. When you work with an experienced legal professional, you can ensure that all your questions are answered and your interests are protected. Additionally, working with our firm will help to ensure that all relevant documents are properly drafted and enforced.
In addition to a power of attorney or durable power of attorney, you should prepare a healthcare directive, also known as a living will. This document spells what medical procedures you do or do not want to be subjected to should you become unable to make that decision for yourself at the time that such medical decisions become relevant. A Palatine, IL estate lawyer can help to walk you through the creation of this document.
What is a Conservatorship?
A conservatorship is created when the court appoints a person, known as the conservator, the power to make decisions on behalf of another person, known as the conservatee. Friends, family members, spouse, or government entities can start the procedure by filing a petition at the county courthouse where the conservatee lives. A licensed doctor is required to perform a medical exam to determine the individual’s condition. This type of conservatorship is called a Conservatorship of the Person. If the court decides the person is not able to meet the requirements for their safety and health, the court will choose a conservator to make decisions regarding the conservatee’s health and well being. The court requires the conservator to file reports on a scheduled basis.
Another type of conservatorship is called a Conservatorship of the Estate. The requirements are basically the same as for the Conservatorship of the Person except the court determines that the person is not able to manage their own finances and assets. Many times the court will appoint the same person to be the conservator of both the person and the estate. If you have questions about this process, a Palatine, IL estate lawyer can answer them at any time.