St. Charles Wills Attorney
St. Charles Wills Attorney – Law Offices of Anthony R. Scifo – Free Consultation – 847-628-8311
St. Charles Wills Attorney FAQs – What is a Will and Why Do I Need One?
Wills are the most common method for people to declare their preferences regarding distribution of their assets and property after they die. People frequently use their will to state their deepest feelings toward their families and spouses. A clear and cogent will makes the transition easier for survivors. A will helps transfers property in a timely fashion and avoids the potential burden of additional taxes. However, many Illinois residents do not have a valid will. While it’s not especially pleasant think about passing away, a valid will offers peace of mind and clarity.
Wills range from simple one-page documents to rather complex volumes that span hundreds of pages. This depends on the size of the estate and the preferences of the individual who creates the will. Generally, a will describes the estate, names the people who shall receive property and instructions for care of children. In some cases, it may disinherit people who otherwise might be expecting to receive assets or properties. To make sure that instructions are carried out, a will must be legally sound. This is where the assistance of a St. Charles Wills Attorney is very helpful.
A person’s belongings, real estate and other assets are what consist of their estate. It’s the estate that is inherited by family, friends or others when that individual dies. Most often, this is according to the will’s directions. When there is no will, an Illinois probate court determines how to setttle an estate. Planning an estate with a St. Charles Wills Attorney assures compliance with your wishes.
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A valid will is what can mean all the difference between dividing your assets as you wish or dividing them according to probate court. The state mandates that at least two credible witnesses must authenticate or attest to a will’s validity. This basically means that the witnesses must observe the person who drafts their will actually sign it and determine the person is of sound mind.
St. Charles Wills Attorney FAQs – What is a Living Will?
A living will is also sometimes referred to as a healthcare directive to physicians. It is a legal document that states a person’s directions and preferences with respect to medical care. It takes effect in the event the person cannot communicate their wishes due to a terminal sickness or permanent state of unconsciousness. Initially, living wills assisted people who wanted to undergo a natural death without the involvement of artificial life support efforts and other medical applications.
When these types of legal documents grew in popularity and became more widely accessible, they came to entail other health care issues like resuscitation, organ donation and tube feeding. Though all 50 states permit living wills, in some cases they must adhere to specific formalities to be valid. A living will – when indeed valid – binds care providers to follow its directions.
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St. Charles Wills Attorney – What Does a Living Will Involve?
In many cases living wills instruct a care provider to withhold medical treatment. Though many people do choose to add that kind of instruction in their document, a living will can also enable a person to request all forms of available medical care options and techniques, or even to select some care options while declining others. Since a living will addresses rather complex medical matters, consultation with a physician can help clarify various treatments and help the patient to make living will choices. In some cases people do not draft a living will because of concerns health care providers could allow them to die while there may still be chance at recovery. A living will, however, can’t go into effect legally until doctors determine a patient is in a vegetative state permanently or to be terminally ill and not able to communicate their wishes.
St. Charles Wills Attorney – Durable Power of Attorney or Living Will
A durable power of attorney is able to fulfill many of the functions that a living will does. This legal document provides an attorney-in-fact with the authority to make decisions on health care for someone who cannot do so on their own. A durable power of attorney contrasts with a living will because it instructs the attorney-in-fact to see out the living will’s directions. Or, it may permit the attorney-in-fact to apply their own judgment.
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A living will also can name a proxy to help carry out its instructions. A durable power of attorney can be utilized when the person granting the authority is unable to make their own medical treatment decisions. It does not rely on a terminal ailment or permanent state of unconsciousness to go into effect. Often, a St. Charles Wills Attorney may suggest both types of legal documents.
In the absence of a living will or a durable power of attorney, families may wind up in conflict over what medical treatments should or shouldn’t be performed. Physicians will consult family members only when it comes to care decisions. If an individual prefers instead that a friend or an unmarried partner have a role in their medical treatment decisions that can be stated in a living will or durable power of attorney.
St. Charles Wills Attorney – Selecting a Proxy
An individual selected as the proxy for making medical treatment decisions should naturally be someone who is trusted and comfortable talking about these matters. Because the proxy may in some cases need to represent the patient’s case to health care providers or relatives, they should preferably be someone who can be diplomatic but firm.
The proxy should be informed of the directions stated in the legal documents and advocate that they are followed. It is helpful also to seek cooperation from relatives and friends of the deceased by providing them with copies of the documents.
Talk with us About Drafting a Living Will Today at 847-628-8311
Decisions involving medical care for someone who is not able to communicate or is incapacitated should be considered thoroughly. If a problem occurs there may not be a chance to correct it. Talk with our law firm about living wills and whether it may be a wise option for you or a loved one. A St. Charles Wills Attorney at our offices can draft the necessary documents to assure your instructions are followed in the event you become incapacitated or cannot communicate them on your own.
If you have questions about wills, living wills or other issues relating to the probate process, call the Law Offices of Anthony R. Scifo and speak with an experienced St. Charles Wills Attorney in a free consultation. Our firm serves communities in the Tri Cities, Elgin, South Elgin, Hoffman Estates, Barrington and many others in Kane, Lake and DeKalb Counties.
In addition, our law firm also serves clients in a number of other practices areas. For example, we practice family law matters including divorce, custody cases and guardianship. We also practice elder law, estate planning and probate.