DGAA bLAWg

Advance Directives, Living Wills, and Healthcare Power of Attorney

Web Admin - Thursday, February 08, 2018
Schaumburg estate planning lawyer advance directivesProper estate planning is essential for every family, and the decisions made during this process will allow you to protect your personal property and financial assets and pass them on to your heirs after your death. But in addition to considering what will happen after you die, it is also a good idea to plan for how medical decisions will be handled for you if you ever become unable to make these decisions for yourself. The documents detailing your instructions in these matters are known as advance directives, and the two most common directives are living wills and healthcare power of attorney.

Living Wills


With a living will, you can inform a doctor or other healthcare provider that you do not want them to use medical procedures which will delay your death if you are diagnosed with a terminal illness. A living will only goes into effect if you have an “incurable and irreversible condition [in which] death is imminent” and you are unable to communicate your preferences to your doctor.

Illinois law provides a standard form for living wills, but you may also create your own customized document, including specific instructions about certain situations or medical procedures you do not want your doctor to perform.

Healthcare Power of Attorney

A healthcare power of attorney document allows you to name someone who is authorized to make decisions for you if you cannot make decisions for yourself. You can give this person, known as your agent, broad authority to make decisions, or you can include specific instructions about what types of decisions they can make, what treatments you do and do not want to receive, whether you would like to donate your organs after your death, and how your remains should be disposed of.

Healthcare power of attorney will go into effect as soon as the document is signed, and your agent will continue to have authority to make decisions until your death, unless you include a time limit. If you have both a living will and healthcare power of attorney, decisions about death-delaying treatments will be made by your agent, unless they are unavailable, in which case your doctors will follow the instructions in your living will.

Contact a Schaumburg Estate Planning Lawyer


In addition to healthcare power of attorney and a living will, you may want to consider other advance directives: a mental health treatment preference declaration which will describe what treatments for mental illness you want to receive if you cannot make decisions for yourself, or a do not resuscitate (DNR) order which states that you do not want to be revived if you stop breathing or your heart stops beating.

If you want to know more about how to create the advance directives that will ensure your wishes are carried out correctly if you are incapacitated, the skilled attorneys at Drost, Gilbert, Andrew & Apicella, LLC can answer your questions and work with you to create the documents you need. Contact our Barrington estate planning attorneys at 847-934-6000 to schedule a personalized consultation.

About the Author: Attorney Jay Andrew is a founding partner of Drost, Gilbert, Andrew & Apicella, LLC. He is a graduate of the University of Dayton School of Law and has been practicing in estate planning, probate, trust administration, real estate law, residential/ commercial leasing, contracts, and civil litigation. Since 2005, Jay has been a Chair of the Mock Trial Committee for the Annual Northwest Suburban Bar Association High School Mock Trial Invitation which serves over 240 local Illinois students each year.



Sources:
http://www.dph.illinois.gov/topics-services/health-care-regulation/nursing-homes/advance-directives
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2110&ChapterID=60

Estate Tax Changes: Is it Time to Revisit Your Living Trust?

Web Admin - Friday, October 11, 2013

The American Taxpayer Relief Act of 2012 (ATRA) introduced “portability” as a permanent law which has many Illinois residents asking about the need for customary trusts. Portability allows a transfer up to $5.25 million in federal tax exceptions to surviving spouses. Previously, a married couple could only make the best use of both spouses’ exception amounts by dividing asset ownership and establishing a credit shelter trust (or an A/B living trust) that initiates after one spouse is deceased. Accordingly, a married couple can pass on $10.5 million to their heirs free from federal estate taxes.

If you have an existing A/B trust plan drafted prior to the estate tax law changes it is most likely based on the Federal Estate Exemption amount, which when it was $650,000, probably worked for a “mid-sized” estate. Now that the exemption is $5.25 million, people need to revisit the funding/formula clause of their A/B trust plan so that there is money present for a surviving spouse. Using portability rules at the federal level can allow a surviving spouse to live off the estate without necessarily the need for A/B planning depending on the size of the estate.

Additionally, a deceased spouse’s estate will not be taxable if less than $5.25 million. A surviving spouse will be required to fill out an IRS Form 706. The United States Estate (and Generation-Skipping Transfer) Tax Return will allow the surviving spouse to use the deceased spouse’s tax exemption or it will be lost. This exception is not transferable, but an A/B living trust can take advantage of the exemption amounts for potential transfers to grandchildren.

Though portability simplifies federal estate planning, but not Illinois Estate Tax, the need for traditional trusts is still apparent with the use of a credit shelter trust. There is potential to lose a deceased spouse’s unused exceptions if the surviving spouse remarries. A credit shelter trust with a new spouse can be used to protect this exception before remarriage. Prior to a remarriage, a credit shelter trust may provide asset protection and secure inheritances for children of former marriages and save assets from an heir’s creditors.

Inflation can also effect an exception amount because the portability law is fixed, but again a credit shelter trust can offer a safeguard. Finally, a living trust can avoid the costs and delays of probate that can cause family grief after a family death.

Since portability is here to stay, now would be a good time to revisit your living trust to determine how the portability law effects inheritance distribution. Contact an Illinois estate planning attorney to make sure your assets are accurately dispersed as you intend.


Recent Posts


Tags

Illinois Transfer on Death Instrument estate planning Barrington drug crime attorney pain and suffering power of attorney Landlord Tenant Ordinance Long Grove estate planning Crystal Lake pedestrian accident lawyer Palatine workers compensation lawyer Employment Discrimination Law Rolling Meadows traffic attorney DMV Colin Gilbert Palatine injury attorney traumatic brain injuries Barrington personal injury lawyer Barrington employment law firm Inverness probate lawyer condo Inverness estate planning lawyer Schaumburg injury lawyer Illinois personal injury lawyer denial of life insurance Des Plaines personal injury attorney denied insurance claim Buffalo Grove injury lawyer residential real estate sexual images Illinois employment law firm Inverness corporate attorney power of attorney for healthcare Detainer Actions Crystal Lake traffic lawyer Illinois mortgages living trust vs will license revocation Crystal Lake car accident attorney bicycle dooring accidents employment attorney Schaumburg construction accident lawyer Schaumburg criminal law attorney Barrington injury attorney sole proprietorship first degree murder Illinois wrongful termination lawyer personal injury law firm Riverwoods estate planning lawyer boating under the influence insurance claims car collision Deer Park accident attorney jet ski accidents real estate attorneys Rolling Meadows drug defense attorney Barrington estate planning lawyer Chicago employment lawyer Crystal Lake insurance lawyer Crystal Lake medical malpractice lawyer Crystal Lake will lawyer Illinois insurance claim dispute lawyer Rolling Meadows business lawyer traumatic brain injury living trust benefits Illinois LLC creation Arlington Heights tax lawyer Fourth of July Illinois law pet law Rolling Meadows insurance dispute lawyers right to work Palatine estate planning lawyer Schaumburg criminal attorney estate plan insurance claim Crystal Lake car accident lawyer probate claims real estate traffic violations Crystal Lake tax lawyer Deer Park real estate law firm Crystal Lake traffic attorney job lawyers insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Long Grove wills and trusts attorneys Arlington Heights insurance attorney capital gains tax Des Plaines drug lawyer wrongful termination civil litigation Des Plaines personal injury lawyer Rolling Meadows Traffic Lawyer insurance claim denial golf accidents Illinois Probate Act of 1975 pregnant women appealing an insurance claim rollover car crashes Schaumburg estate planning attorney Forcible Entry license suspension real estate attorney healthcare problem employees Illinois traffic laws rest breaks Schaumburg estate planning lawyer speeding estate planning for college students Crystal Lake criminal defense attorney Illinois insurance dispute lawyers Buffalo Grove law firm deed transfer PTSD Illinois Sales Representative Act Mt Prospect Attorney insurance claim delay Buffalo Grove personal injury attorney estate planning lawyer Illinois medical malpractice lawyers Rolling Meadows boating crash lawyer Illinois driving without license controlled substance attorney fees Rolling Meadows DUI lawyer Deer Park medical malpractice attorney Crystal Lake bike accident lawyer medical malpractice Attorney Ken Apicella personal injury accidents Chicago insurance law firm creditors product liability contracts Illinois medical malpractice claim Des Plaines claims law firm Food and Drug Administration's Food Safety Modernization Act investment property Des Plaines civil attorney drugs digital media accounts, estate planning, Arlington Heights estate planning attorney, Illinois home inspection Illinois medical malpractice case Crystal Lake medical malpractice attorneys Arlington Heights personal injury lawyer Illinois traffic attorneys Rolling Meadows personal injury lawyer car accidents Rolling Meadows insurance lawyer Illinois collections attorney ken apicella Legal Info Buffalo Grove probate lawyer BUI employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys expungement wills Crystal Lake pet attorney subcontractor crossover accidents accidental death benefits in terrorem provision Crystal Lake accident attorney Policy Cancellation Arlington Heights wills and trusts attorney Whistleblower Claims Des Plaines traffic offenses distracted driving accidents Palatine drug lawyer personal injury attorney caregiver automated cars dynasty trusts Arlington Heights medical malpractice lawyer liens commercial real estate minimum wage wage theft Illinois insurance claim attorney Crystal Lake business law attorneys Inverness injury lawyer GM ignition switches home inspection lawyer Illinois employment laws South Barrington real estate attorney Illinois tax attorney Arlington Heights employment law attorneys Arlington Heights wills and trusts lawyers foreclosure Illinois boating accident lawyer insurance dispute boating accidents pay when paid contract insurance disputes digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Schaumburg personal injury attorney consent to a search car crash surgical mistakes Illinois employee rights attorney. special needs trust slip and fall products liability Schaumburg employment law attorneys BAC motorcycle accident traffic crimes workers compensation benefits living trust trucking accidents Palatine construction attorney forming a corporation in Illinois cell phone accidents Inverness real estate attorney food poisoning hiring employees financial advisors mass shooting Arlington Heights lawyer Barrington business law firm civil litigation attorney trench injuries small business Palatine civil litigation lawyer estate planning trusts Rolling Meadows car accident lawyers Schaumburg wrongful death Barrington Illinois estate planning lawyer digital assets tax attorney Des Plaines DUI attorney truck collisions fault based insurance manufacturing insurance negligence liability IRA trust transfer murder defense jet ski trusts drunk driving statistics icy parking lots llinois Real Estate Lawyers Association Rolling Meadows car accident lawyers Barrington medical malpractice lawyers Buffalo Grove traffic lawyers Barrington Traffic Lawyer rumble strips Palatine personal injury lawyer dog bites Federal Food Drug and Cosmetic Act insurance claim denials Mount Prospect real estate lawyer Arlington Heights car accident lawyer ACA severance agreements unpaid overtime drunk driving medication errors Illinois employment law attorneys employee discrimination preventable medical errors Crystal Lake employment attorney homestead rights advance healthcare directive swimming pools Illinois insurance disputes license Illinois real estate unfunded trust Barrington civil litigation attorney employment law holiday statistics life insurance claims Inverness elder law lawyer work unions drug crime Inverness civil lawyer Illinois rollover accident lawyers Illinois elder law attorney insurance agent negligence natural gas hit and run accident DGAA Crystal Lake employment law attorney employees Rolling Meadows employment attorney employment contract Do Not Resuscitate Schaumburg traffic lawyer federal regulations for LLCs Des Plaines insurance attorney Rolling Meadows estate planning attorney car crash injuries Barrington workers compensation attorney hands free device Illinois car accident lawyer FSLA Illinois business law atorneys Arlington Heights Traffic Lawyer paid sick leave Palatine insurance lawyer Schaumburg personal injury lawyers defective products lawyer Schaumburg wrongful death attorney involuntary manslaughter Illinois estate planning filing a medical malpractice claim child safety underage DUI Arlington Heights estate planning attorney Illinois workplace discrimination attorney premises liability Illinois insurance attorney Illinois trucking safety Schaumburg corporate attorney Illinois employment law construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation liability claims Barrington criminal lawyer Illinois motorcycle accident lawyer brain injury Mount Prospect wills and trusts lawyers Barrington litigation attorney Kenilworth estate planning attorney real estate lawyer personal injury Illinois corporate lawyer overtime pay probate lawyer dealing with problem employees boating DUI caretaker rights ObamaCare Illinois wills and trusts Barrington real estate lawyer pedestrian-automobile accident construction contracts Illinois construction accident attorney trustee corporate law personal injury lawyer anesthesia errors Barrington estate planning attorney Palatine corporate law attorneys IRELA Palatine traffic accidents vacation home Illinois personal injury attorney South Barrington real estate lawyer insurance agents estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Des Plaines personal injury lawyers Arlington Heights criminal lawyer Colin H. Gilbert compensatory time Fair Labor Standards Act comparative negligence IRS social media after death Illinois traffic accident lawyer Illinois jet ski accident lawyer loopholes Illinois wills and trusts attorneys Inverness personal injury attorney employment law, Illinois employment laws insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Palatine traffic lawyer IRA benefits Rolling Meadows personal injury lawyers medical malpractice claims Chicago will attorney institutional trustee Palatine law firm DUI defense cell phone employee rights life insurance policy drug crimes Rolling Meadows corporate lawyer Buffalo Grove criminal defense lawyer criminal defense irrevocable trust digital evidence medical research Arlington Heights pedestrian accidents Illinois Human Rights Act Chicago employment attorney Kenilworth estate planning attorneys employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Crystal Lake estate planning lawyer Illinois estate planning law firm Crystal Lake civil litigation lawyer wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Buffalo Grove personal injury lawyer condo association Rolling Meadows medical malpractice lawyers DUI car accident Des Plaines criminal attorney Palatine employment attorney personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Illinois insurance lawyer commercial leasing Chicago trucking accident attorney disability benefits startup company mortgage blended families marijuana crimes attorney texting and driving Illinois workplace lawyer Deer Park DUI lawyer unpaid assessment Illinois Workers’ Compensation Commission Illinois Wage Payment and Collection Act Liquor Control Act Illinois personal injury FMLA Buffalo Grove car accident lawyer Chicago traffic lawyer nursing home negligence Arlington Heights employment attorney pedestrian accident Illinois personal injury lawyers probate fees Arlington Heights traffic attorney Illinois small business Rolling Meadows criminal lawyer Chicago attorney Rolling Meadows accident lawyer medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers insurance dispute attorney trust payments Inverness insurance attorney Illinois insurance claims lawyers underfunded trust privacy construction accidents installment contracts Buffalo Grove employment lawyer traffic laws wills and trusts Chicago corporate attorney Illinois medical malpractice attorney Buffalo Grove real estate attorney Des Plaines tax law firm Deer Park traffic lawyer agent Rolling Meadows insurance dispute lawyers, insurance dispute Illinois business lawyer Retaliatory Discharge Arlington Heights wills and trusts attorneys real estate leasing Illinois probate lawyer changes to mortgage law landlord operating agreements preventing accidents owner responsibility new real estate form Barrington employment law attorney drug possession Des Plaines real estate attorney Barrington attorney car crashes Arlington Heights wills and trusts lawyer Deer Park employment law attorney foreclosed rental property criminal Crystal Lake law firm real estate contract Rolling Meadows tax attorney college kids elder abuse eluding a police officer life insurance Jay Andrew murder Arlington Heights Attorney Arlington Heights TBI attorney Chicago lawyer Rolling Meadows insurance attorney bike accident employment lawyer workers compensation Rolling Meadows employment law attorney Arlington Heights trucking lawyer Illinois pedestrian accident attorney Illinois attorney Illinois employment law attorney gift taxes Illinois DUI attorney Deer Park workers compensation lawyer Arlington Heights car crash attorneys internet civil rights violation Illinois living will Illinois car accident attorney Schaumburg elder law lawyer Chicago will attorney, social media platforms, Illinois estate planning lawyer, Deer Park traffic accident attorney Des Plaines accident attorney Rolling Meadows Attorney spinal cord injury DUI penalities sexual harassment Kenilworth estate planning lawyer Crystal Lake employment lawyer low-ball insurance settlement pet bites Barrington criminal defense lawyer Deer Park motorcycle accident lawyer Illinois lawyer business litigation Deer Park criminal attorney no contest clauses Illinois employment lawyer insurance adjusters comp time Palatine elder law attorney Illinois civil litigation lawyer life insurance lawyer Crystal Lake medical malpractice law firm real estate closing gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys taxes Long Grove estate planning attorneys murder charges commercial leases Rolling Meadows criminal attorney landlord tenant law LLCs Inverness accident lawyer bad faith insurance claims natural gas explosion dram shop law Chicago car accident lawyer Illinois job attorney Chicago insurance claim attorneys Palatine corporate attorney Barrington employment attorney Class A misdemeanor Illinois real estate lawyer estate planning attorney reckless homicide rollover accidents Illinois registered agent Thanksgiving traffic accidents workplace sexual harassment Palatine probate lawyer head on collisions TBI Palatine business attorney Home Sale Contingencies Des Plaines Traffic Lawyer license reinstatement Crystal Lake personal injury attorney Chicago estate planning lawyer field sobriety test deadly crashes Illinois bicycle safety health insurance dispute Rolling Meadows real estate attorney estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, employee misclassification privacy laws Illinois pet lawyer Arlington Heights real estate lawyer elder law POA criminal record Illinois Smoke Detector Act loss of consortium Schaumburg employment attorney Des Plaines drug crimes lawyer suspended license blood alcohol content BAIID auto accidents cell phone tower data revenge porn insurance claim dispute Schaumburg insurance lawyers fiduciary rule delay Long Grove real estate lawyer Rolling Meadows marijuana attorney Schaumburg civil litigation attorney Illinois workers compensation attorney Palatine punch death probate slip and fall accidents Palatine Attorney real estate zoning fatal car accidents Rolling Meadows personal injury attorney Inverness traffic law firm Arlington Heights personal injury attorney Rolling Meadows employment law attorneys traffic deaths Crystal Lake personal injury lawyer personal injury claim Arlington Heights accident attorney Schaumburg Attorney Mount Prospect elder law attorney income distribution deducation drug crimes lawyer Schaumburg probate attorney underinsured motorist Rolling Meadows traffic law firm Joliet general practice lawyers CAM overtime violations back injuries Illinois employment attorneys Illinois traffic ticket lawyer probate claims process motorcycle accident lawyer Buffalo Grove traffic attorney Arlington Heights injury attorney estate tax DNR insurance claim dispute attorney Crystal lake insurance dispute attorney Exclusions Super Mario trauma after an accident Chicago estate planning fiduciary rule estate attorney Des Plaines real estate lawyer DUI attorney Illinois insurance claim dispute lawyers Palatine employment lawyer unauthorized overtime Schaumburg estate attorney breach of contract uninsured motorist meal breaks Schaumburg drug defense lawyer pedestrian injuries, pedestrian fatality Des Plaines collections attorney federal crimes Buffalo Grove corporate attorney pedestrian accidents insurance denial appeals Barrington boating accident attorney medical malpractice compensation Buffalo Grove medical malpractice lawyers Palatine criminal defense lawyer probate process medical marijuana Self-Directed IRA Accounts Rolling Meadows probate lawyer Long Grove estate planning attorney workers comp Crystal Lake injury attorney Chicago biking tips Buffalo Grove insurance claim dispute lawyers whistleblower protections Transfer on Death Instrument insurance denials School Visitation Rights Act personal injury claims Illinois red light cameras spinal cord injuries pizza emoji marijuana criminal law Inverness real estate lawyer Schaumburg personal injury lawyer Palatine civil attorney Des Plaines injury law firm texting while driving insurance attorney breathalyzer test Rolling Meadows litigation lawyer distracted driving accident victims Palatine employment law lawyer Palatine trusts lawyer Illinois speeding lawyer Schaumburg real estate lawyer vacation home fines bicycle accidents driving senior citizens rent to own real estate contracts Illinois criminal defense attorney Illinois traffic attorney Family Medical Leave Act Long Grove real estate attorney Schaumburg medical malpractice lawyer Schaumburg car accident attorney guardianship attorney Palatine real estate lawyer Illinois injury lawyer Illinois estate planning attorney Des Plaines medical malpractice attorney Deer Park personal injury lawyer Home Remodeling Repair Act traffic violations defense Illinois will lawyer Illinois defective products attorney healthcare claims traffic tickets Illinois workers compensation lawyer Affordable Care Act independent contractor living wills digital information trucking accident lawyers clemency Illinois trusts attorney modern family estate planning Des Plaines pet law attorney denied insurance claims Inverness DUI lawyer defective products Barrington personal injury attorney Des Plaines motorcycle accident attorney

Archive