Statutory Powers of Attorney

Chicago Statutory Power of Attorney Law Firm

Putting together a comprehensive estate plan does not just include drafting will and trust documents that will be followed when you pass away. You also need to ensure that your wishes are followed if you become incapacitated. Under Illinois law, there are estate planning tools that can help you provide that your choices are respected and carried out.

At John J. Pembroke & Associates, LLC, we are a Chicago law firm that executes statutory powers of attorneys for our clients in order to formalize how they would like their affairs handled should they suddenly become incapacitated and incapable of articulating their wishes. For more information about how we can help you, we encourage you to contact us today to schedule a consultation.

Under current Illinois probate law, statutory powers of attorney are broken out into two types:

  • Health care statutory power of attorney: This document articulates who has the power to make decisions regarding care on your behalf. This statutory power of attorney is often used in conjunction with a living will that dictates the extent of life-saving measures you would like taken.
  • Property statutory power of attorney: Using this form, an agent can help manage your finances in the event that you cannot. This document grants the agent authority and access to bank accounts, investment portfolios and any other assets that may need management. The agent can also pay bills on your behalf and decide to give out monies as requested by different parties.

We can help you draft each of these statutory powers of attorney and help you pick a trusted person to make decisions for you if you should become incapacitated prior to death. You can use the same person to be your agent for both health care and property issues, or you can appoint different people for each area if you feel this would make more sense.

Estate Administration Issues Involving Statutory Powers of Attorney Abuse

Sometimes, loved ones or other interested parties question how the agent named in a statutory power of attorney handled someone's affairs while he or she was incapacitated before passing away. There may be questions concerning if the agent breached his or her fiduciary duty and acted in his or her own interest instead of performing in a manner that would benefit the principal. For instance, did the agent divert funds for his or her own use rather than using them for the principal or safekeeping them for the beneficiaries named in a trust or will?

An investigation can be conducted to assess whether any wrongdoing has occurred. Our estate litigation lawyers have experience representing statutory power of attorney agents who have been accused of misconduct as well as parties who are making these allegations.

Contact Our Park Ridge Estate Planning Lawyers Today

Contact our knowledgeable attorneys and staff by calling 847-696-0060 to schedule a consultation at our Park Ridge offices today.