Chris Aiello Law

๐Ÿ“ Villa Park, IL โ€” Serving DuPage & Cook County

Estate Planning · DuPage County, Illinois

Who Decides If You Can't?

Wills, trusts, and the planning that keeps your family in control and out of court, from the same DuPage County firm since 1990.

0Years of counsel
0Practice areas
1990Established

Most people think of estate planning as what happens after they die. But the documents you’ll likely need first are the ones that take effect while you’re still alive โ€” when you’re incapacitated and someone has to step in to make decisions on your behalf.

Illinois has specific statutory forms for both healthcare and financial powers of attorney. Done right, they let your family act for you immediately, without a court guardianship proceeding. Done wrong โ€” or not done at all โ€” your family ends up in probate court asking permission for things you would have wanted done automatically.

Types of POA

Which Powers of Attorney You Need

Most adults need at least two โ€” healthcare and financial โ€” and many need additional limited-purpose POAs.

Healthcare POA

Names an agent to make medical decisions if you can’t speak for yourself. Illinois has a specific statutory form.

Financial POA

Names an agent to handle banking, bills, real estate, and business decisions. Crucial for incapacity.

Durable POA

Stays in effect even after you become incapacitated. The most useful type for estate planning purposes.

Springing POA

Only takes effect upon a triggering event โ€” usually a physician’s incapacity declaration. More restrictive.

Limited POA

Grants authority for a single specific purpose โ€” a real estate closing, a single bank transaction, military deployment.

HIPAA Authorization

Companion to healthcare POA โ€” allows your agent to access medical records. Often missing from DIY plans.

The Process

Getting Your POAs Right

01

Conversation

We discuss who you’d trust as your agent, alternate agents, and what authority you want them to have.

02

Document Drafting

Illinois statutory forms with your specific provisions โ€” including HIPAA, banking, and successor designations.

03

Review & Sign

We walk you through every clause, then properly execute with notary and any required witnesses.

04

Distribution

Originals to your file, copies to your agents and primary doctor. We keep a copy too.

Why It Matters

Without POAs, Your Family Goes to Court

Avoid guardianship

Without POAs, your family must petition the DuPage probate court for authority โ€” expensive, public, and slow.

Statutory compliance

Illinois requires specific language and execution procedures. Out-of-state or template forms may not work here.

Agent succession

Designate primary, alternate, and successor agents so authority isn’t lost if your first choice can’t serve.

Customized authority

Standard forms grant broad authority. We tailor it โ€” gifting limits, real estate authority, business decisions.

Bank acceptance

Some banks reject older or non-standard POAs. We use language designed to be accepted across institutions.

Coordination

Your POAs should align with your will, trust, and beneficiary designations โ€” not contradict them.

Service Area

Serving DuPage & Cook County

From our Villa Park office, we represent clients across DuPage County and the western suburbs of Chicago.

Villa ParkElmhurstLombardWheatonOak BrookDowners GroveAddisonOak ParkGlen EllynBloomingdaleHinsdaleWestmontDuPage CountyCook County
POA FAQ

Common Questions About Illinois POAs

A power of attorney is a legal document where you (the ‘principal’) authorize someone else (the ‘agent’ or ‘attorney-in-fact’) to act on your behalf for the purposes you specify. It’s separate from being an attorney-at-law โ€” your agent doesn’t need legal training.

A healthcare POA authorizes medical decisions: treatment consent, hospital admission, end-of-life choices. A financial POA authorizes money and property decisions: banking, bills, real estate, taxes. They’re separate documents with different agents allowed.

A ‘durable’ POA takes effect immediately when signed and continues if you become incapacitated. A ‘springing’ POA only takes effect upon a triggering event, usually a physician’s declaration of incapacity. Most estate planning uses durable POAs.

Yes โ€” you can revoke a POA at any time while you’re still competent. Revocation should be in writing, delivered to the agent, and ideally filed with any institutions that have copies (banks, doctors, etc.).

Someone trustworthy, geographically available, willing to serve, and capable of the responsibility. Spouses are common for one POA but you should name an alternate. We help you think through the right choice during your consultation.

Yes. Trusts cover trust-titled assets. POAs cover everything else โ€” bank accounts not in trust, Social Security, Medicare, taxes, healthcare decisions, and many one-off matters. They work together.

Get Your POAs in Place Today

POAs are often the most important documents for the next ten years of your life. A free consultation gets you the right ones in less time than you’d expect.