Life can change quickly. A sudden illness or injury may leave you unable to make personal or financial decisions on your own behalf. In those moments, loved ones may not have the legal authority to step in unless you have made prior arrangements. Without proper documents, families often face court delays and costly guardianship proceedings.
A power of attorney lets you name someone you trust to manage your affairs if you are unable to do so. This individual, known as your agent, can handle medical decisions, manage your finances, or both. Drafting this document with the assistance of an experienced attorney helps ensure that your wishes are honored and your instructions comply with Illinois law.
At Berardi and Associates, we work with clients across Illinois, including the Chicago area, to prepare legally sound powers of attorney. Our team focuses on clarity, local compliance, and personalized guidance that puts your preferences first.
Types of Power of Attorney
Illinois recognizes two primary types of power of attorney: one for healthcare and one for property. Each serves a specific purpose and can be used alone or together, depending on your situation.
A healthcare power of attorney gives your agent the ability to make medical choices on your behalf. These may include decisions about treatment, long-term care, or end-of-life support. A property power of attorney allows your agent to manage finances, pay bills, and make legal or business decisions.
Clients often choose the same person for both roles, but you can designate different agents if needed. Our attorneys help you evaluate your options and structure the documents in a way that works for you.
Selecting a Trusted Agent
Choosing the right person to act on your behalf is critical. The agent must follow your instructions, manage responsibilities responsibly, and act in your best interest. In some cases, it makes sense to name a backup agent who can serve if the first person becomes unavailable.
At Berardi and Associates, we walk you through this process and offer guidance on what to look for in a reliable agent. We can also limit or expand the agent’s authority depending on your personal goals.
If you have questions about how to choose an agent, a power of attorney lawyer from our team can help you make a confident, informed decision.
How It Fits into Your Broader Plan
A power of attorney is just one part of a complete estate plan. It protects your interests during your lifetime, especially in cases of incapacity, while other documents, like a will or trust, manage your affairs after death.
Having these documents in place helps prevent confusion and reduces the need for emergency court actions. We routinely include powers of attorney as part of comprehensive plans that also cover healthcare directives, guardianship provisions, and asset management.
When to Update or Revoke a Power of Attorney
It’s essential to review your power of attorney regularly to ensure it accurately reflects your current wishes. Life events such as marriage, divorce, the loss of a loved one, or a move to a new state may all affect your document.
You have the right to revoke or update your power of attorney at any time, as long as you are mentally capable. We assist clients in revising these documents and ensure that updated copies are correctly signed and shared with key individuals and institutions.
To learn more about how this document fits into your long-term plans, visit our page on estate planning services.
Frequently Asked Questions
Is a power of attorney valid after death?
No. The authority granted under a power of attorney terminates upon the principal’s death. After death, legal decisions are handled by the executor or trustee.
Can I name more than one agent?
Yes. You may name multiple agents to act jointly or separately. We help you draft the proper structure and instructions to avoid future conflicts.
Do I need a lawyer to create a power of attorney?
While a basic form may be available, a power of attorney lawyer ensures your document complies with Illinois law and accurately reflects your intentions.
Can a power of attorney be used for real estate?
Yes. You can give your agent authority to buy, sell, or manage property. It must be clearly outlined and executed in a manner that ensures legal acceptance.
Take the Next Step with Confidence
Without a power of attorney in place, your family may struggle to protect your interests during a medical crisis or financial emergency. The absence of legal clarity can lead to increased stress and delayed decisions.
At Berardi and Associates, we prepare customized powers of attorney for clients throughout the state of Illinois. Our approach ensures that your voice is heard, your rights are protected, and your loved ones are supported.
To schedule a consultation, contact us today or visit our homepage to learn how we help Illinois families plan.