Powers of Attorney and Living Will

The Health Care and Property Powers of Attorney, and the Living Will Declaration, which are described below, are included with the various estate plans offered by The Will Shoppe, except for the Family Advantage Plans.

These powers and Living Will declarations, however, may be obtained separately. If you wish to select either or both powers, or the declaration, separately, please click on, and complete and submit, the appropriate Questionnaire below, together with the appropriate payment.

Property Power of Attorney $50.00

Under the Illinois Durable Property Power of Attorney Act, you have the right to appoint an agent or attorney-in-fact to deal with your property or financial affairs. Such a power is "durable" in the sense that it would continue or "survive" even in the event of your incapacity or disability.

Such a power which is employed for general estate planning purposes (as opposed to a power for some limited purpose) usually is made to take effect immediately, although you could make the power to commence upon some future event, such as incapacity. Unless you indicate otherwise, the power terminates upon death or revocation. The difficulty with making the power effective only upon incapacity, or disability is providing for a definition or standard which is sufficiently objective so as not to create an obstacle, or delay, in the use of the power when needed by the agent.

Although most people utilize such a power with incapacity in mind, the power can be very useful where circumstances, other than incapacity, do not allow the maker of the power (the "principal") to act on his or her own behalf, or simply for convenience purposes.

The statutory form of the power covers many kinds of financial transactions, which can be limited or expanded as desired. There are also some limitations, such as the preparation of certain estate planning documents or amendments to them.

It is most important that you carefully read the power, and the notice which precedes it, before you sign it.

Health Care Power of Attorney $50.00

Under the Illinois Durable Health Care Power of Attorney Act, you have the right to appoint an agent, or attorney-in-fact, to make health care decisions for you at any time you may be unable to do so because of some mental or physical impairment which renders you unable to authorize or consent to a medical procedure or medical care.

This health care agent is appointed in a Health Care Power of Attorney. If the first named agent cannot act for some reason, or is unavailable, you can name additional agents to act on your behalf. The power not only authorizes the provision of medical care, but it may also instruct the agent concerning the institution or withdrawal of life-sustaining or death-delaying procedures where you may be terminally ill, death may be imminent and considerations of pain and suffering, the extent and quality of life and even cost may outweigh any benefits derived from continued care. In such a situation, the form of the power offers three somewhat different directions depending upon your wishes. You are also free to modify the direction and tailor it to your wishes.

The power also, if you wish, allows you to authorize your agent to make gifts of body organs, parts or tissues. You, by initialing, can authorize the use of any part of the anatomy or specify which parts or decline to make any gifts.

It is most important that you carefully read the power, the notice which precedes it, and the attached definitions before you sign it.

Living Will Declaration $15.00

The Living Will Declaration, often referred to simply as a "Living Will", is not a "will" in any traditional sense. Instead, it is a statement by an individual directing that, where as a result of injury, disease or illness death is imminent, death-delaying procedures be withheld or withdrawn. The Declaration, however, allows for the administration of medication or the performance of necessary medical procedures in order to provide comfort care.

The Living Will Declaration can be used alone or in conjunction with the Health Care Power of Attorney, which, however, should be completed in a manner consistent with the Declaration.

The Process

Upon receipt of your Questionnaire, The Will Shoppe will prepare and email the documents to you based upon your responses to the Questionnaire, along with execution instructions.


Property Power of Attorney Only

Health Care Power of Attorney Only

Living Will Declaration Only

Property and Health Care Powers of Attorney

Property and Health Care Powers of Attorney and Living Will Declaration

Last Updated ( Sunday, 11 November 2012 10:08 )