WHAT IS AN ADVANCE MEDICAL DIRECTIVE?

Oct 17, 2018

Let’s face it: anyone can suffer a serious injury or illness at any time and be unable to manage their affairs or make decisions about their healthcare. One way to protect yourself, your assets and your loved ones is by consulting with an estate planning attorney about advance medical directives, such as a healthcare proxy and a living will.


WHAT IS A HEALTHCARE PROXY?

A healthcare proxy -- or durable power of attorney for healthcare -- allows you to designate a trusted person such as a spouse, a parent, an adult child, or a close friend to make medical decisions according to your preferences. This person will act as your agent by coordinating your medical care with your physician when you cannot make these decisions independently or communicate your wishes. If you fail to prepare a healthcare proxy, your loved ones will have to ask the court to appoint someone to make these decisions -- which may not agree with your wishes. Not only will creating a healthcare proxy relieve them of this burden, it will also ensure that you receive the care you prefer.


WHAT IS A LIVING WILL?

People often confuse the terms “will” and “living will.” A will is the most basic estate planning document that establishes how your assets will be managed and distributed upon your death. A living will, on the other hand, is a type of advance medical directive that declares the type of end-of-life treatment you wish to receive or have withheld. Having a living will in place will give you peace of mind that you will receive the care you prefer. Additionally, if you are incapacitated or terminally ill, a living will can specify which life-saving measures, such as a ventilator or feeding tube, you may want withheld.


OTHER IMPORTANT HEALTHCARE DOCUMENTS

If you become critically ill and prefer not to receive extraordinary life-prolonging measures, it is also necessary to complete a DNR (Do Not Resuscitate), order. In short, a DNR will order doctors, nurses and ER personnel not to use cardiopulmonary resuscitation (CPR) to preserve your life in the event of an emergency.


The last document you will need to complete is a HIPAA Authorization -- a requirement of the Health Insurance Portability and Accountability Act. This authorization will ensure that your medical records can be accessed by healthcare providers and family members.


WHY THIS MATTERS

Although many think of estate planning in terms of their passing, a well-conceived plan will also protect you today by including the necessary advance medical directives. The surest way to protect yourself and your loved ones in the event of incapacity, is to work with a trustworthy estate planning attorney.

28 Feb, 2024
Vaild will
Will
26 Feb, 2024
Testate vs. Intestate Estate In General What is the difference between a testate estate and an intestate estate? Will my assets be distributed differently depending on how my estate is classified? Why does this matter? These are all important questions that are answered below. When someone dies, that person is known as the Decedent. If the Decedent left a valid Will, the estate will be probated as a testate estate. If the Decedent did not leave a Will, the estate will be probated as an intestate estate. Testate Estate: Decedent died with a valid Will. The estate will be distributed in accordance with the Decedent’s Will. The estate is typically administered by the Executor or Personal Representative, as designated by the Decedent. Necessary Forms: Petition For Probate of Will and For Letters Testamentary. Affidavit of Heirship. Oath and Bond of Representative – no Surety or with Waiver of Notice – Rights of Heirs/Legatees Any heir or legatee may file a petition with the court requiring proof within 42 days of the original order admitting the Will to probate is effective. Also may contest the Will’s validity by filing a petition within 6 months of the Order admitting/denying the Will’s admission to probate. Order Declaring Heirship: the court will decide the true heirs of the decedent's will. Order admitting Will to Probate and Appointing the Representative. Copy of Will, must be filed in advance “Immediately upon the death of the testator, any person who has the testator’s will in his possession shall file it with the clerk of the court of the proper county and upon failure or refusal to do so, the court on its motion or on the petition of any interested person may issue an attachment and compel the production of the will, subject to the provisions of Section 5.15 of the Secretary of State Act.” Probate Act of 1975, 755 ILCS 5/Art. VI §6-1(a) “If any person wilfully alters or destroys a will without the direction of the testator or wilfully secrets it for the period of 30 days after the death of the testator is known to be him, the person so offending, on conviction thereof, shall be sentenced as in cases of theft of property classified as a Class 3 felony by the law in effect at the date of the offense. The 30-day period does not apply to the Secretary of State when action pursuant to Section 5.15 of the Secretary of State Act.” Probate Act of 1975, 755 ILCS 5/Art. VI §6-1(b). Intestate Estate: Decedent dies with no will (or an invalid will). Assets are distributed to heirs according to state intestacy law. Administrator is appointed to manage the intestate estate. A form called a “Petition for Letters of Administration” will be filled out by a petitioner when asking the court to nominate an administrator of the estate. Necessary Forms: Petition for Letters of Administration. Waiver of Notice Rights of Heirs/Legatees (only applicable where the decedent left a will) - Any heir or legatee may file a petition with the court requiring proof within 42 days of the original order admitting the will to probate is effective. Also, may contest the Will’s validity by filing a petition within 6 months of the Order admitting/denying the Will’s admission to probate. Oath and Bond of Representative – Surety. Order Appointing Representative of Decedent's Estate – Intestate. Order Declaring Heirship. Benefits of Estate Planning: Proper estate planning allows for an easier probate process and peace of mind that your assets will be distributed how you intend them to upon your death.  Estate planning can be overwhelming, but we’ve got you covered! Here at Grant Park Legal Advisors, we offer services with trusted advisors to help meet the needs of all our clients.
By Federico Patiño 22 Feb, 2024
Understanding Probate: A Timeline and Guide for Chicago Families
01 Feb, 2024
Navigating the legal waters of financial and estate planning can feel like piloting a ship through a maze of regulatory buoys and markers. Among the most critical navigational tools at your disposal is the Power of Attorney (POA). It's a legal document that grants an individual—your attorney-in-fact—the authority to make decisions on your behalf if you become unable to do so. For Illinois residents, understanding the scope of powers included in your POA is vital to ensuring your affairs are managed according to your wishes.  In this post, we discuss three key powers you should consider incorporating into your POA: the power to fund a revocable trust, manage digital assets, and prosecute and defend legal actions. We'll also explore how enlisting an attorney’s aid can provide clarity and security in affording these powers. Funding a Revocable Trust Estate planning often involves setting up a revocable trust, a flexible tool that allows you to maintain control over your assets while you're alive and ensures seamless management and transfer after you pass. However, what happens if you become incapacitated and your trust is not fully funded? Including the power to fund a revocable trust within your POA ensures that your attorney-in-fact can transfer ownership of assets not already placed in the trust—such property, bank accounts, or investments. This power safeguards your estate plan's integrity, ensuring your assets are distributed according to the terms you've arranged in your trust, without the need for probate or court intervention. Managing Digital Assets In the digital age, our lives are intertwined with our online presence, involving digital assets like social media accounts, digital currencies, and online banking. Illinois residents should ensure their POA addresses the management of these assets. Your attorney-in-fact should have the explicit authority to access, handle, and manage digital accounts and assets to protect your interests or maintain your online business. This power is increasingly crucial as more of our important records and personal effects exist in the cloud or locked behind password-protected accounts. Without clear authority to manage these digital assets, your designated agent might face significant challenges when trying to execute your wishes. Prosecuting and Defending Legal Actions Life can be unpredictable, and there may come a time when legal action is necessary or unavoidable. Hence, your POA should empower your chosen representative to stand in your shoes to prosecute or defend any legal actions to which you are, or might become, a party. This broad legal authority enables your attorney-in-fact to assert your rights or defend your interests effectively, whether this involves initiating a lawsuit for an unfulfilled contract or defending against undeserved claims. How Can an Attorney Help? An experienced attorney becomes your cornerstone when creating a robust POA that aligns with Illinois legal requirements and addresses your specific needs. They can assist by advising on the relevant legal frameworks, drafting a document tailored to your situation, and ensuring that the roles and responsibilities bestowed upon your attorney-in-fact reflect your intentions. Moreover, an attorney kindles peace of mind by verifying that all provisions comply with current laws and that the document stands up to scrutiny if its powers are ever challenged or invoked. They can also provide counsel to your attorney-in-fact to better understand and navigate their duties under the POA. A Power of Attorney is a remarkably versatile instrument in your legal repertoire. As Illinois residents, it is paramount to consider these three key powers—funding a revocable trust, managing digital assets, and prosecuting and defending legal actions—to give comprehensive authority to your attorney-in-fact. Engaging with a skilled attorney ensures your POA is both robust and reflective of your desires, granting you comfort and confidence that, regardless of life's waves and turns, your ship will stay true to its course. Remember, proactive planning today is the beacon for smoother sailing tomorrow.
20 Dec, 2023
As we move towards a global economy, it is important to understand the fluctuating nature of international business law. The discipline encompasses numerous legal frameworks and guidelines that can have a profound impact on trade, commerce, and investments. In this blog post, we aim to provide a comprehensive overview of international business law, and highlight its relevance to Illinois residents.  1. What is International Business Law? International business law is a specialized branch of law that deals with trade and investments across national borders. The discipline encompasses a wide range of legal regimes such as international contracts, international intellectual property law, international taxation, and commercial arbitration, to name a few. International business law also includes questions of jurisdictional authority in cross-border interactions. 2. How does International Business Law impact Illinois Residents? Illinois is one of the leading business centers of the United States, with several multinational corporations established in the state. These businesses are subject to domestic and international laws that regulate their operations, ranging from trademark protection to import/export regulations. International business law issues can impact the cost and availability of goods and services, investment decisions, and the overall competitiveness of the state’s economy. 3. Key Developments in International Business Law The field of international business law has undergone several changes in recent years. The growth of e-commerce has resulted in the need for legal frameworks that regulate electronic transactions, data privacy, and the use of the internet for commercial purposes. In addition, the ongoing trade tensions between the United States and China have resulted in legal disputes related to intellectual property rights and tariffs. 4. The Role of International Business Lawyers International business lawyers play a vital role in helping businesses navigate complex global regulations. They provide legal advice on matters such as foreign investment, international contracts, and trade disputes. They also help businesses comply with international laws, ensuring that they avoid legal issues that can have potentially expensive consequences. In conclusion, understanding international business law can significantly impact the success of businesses in Illinois. As the state continues to thrive in the realm of commerce, it is important for both businesses and individuals to stay informed on developments and opportunities within the international legal landscape. By doing so, they will be better equipped to make informed decisions that will further their goals and interests.
09 Nov, 2023
Navigating Discovery in a Will Contest: How an Attorney Can Help
25 Oct, 2023
Why You Should Create A Will – The Consequences Of Dying Without One
25 Oct, 2023
Understanding Probate in Illinois: A Guide to Estate Planning and Representation
25 Oct, 2023
Understanding the Difference Between a Will and Trust for Illinois Residents
25 Oct, 2023
The Importance of Estate Planning: Why Creating a Will is Vital for Your Loved Ones
More Posts
Share by: