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 |  IL Licensed Attorney · ARDC

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Estate Planning + Probate

Estate Planning · Naperville, Illinois

Powers of Attorney You Choose Who Decides. Not a Court.

If you become incapacitated without valid powers of attorney in place, an Illinois court appoints someone to manage your finances and make your medical decisions. That person may not be who you would have chosen. A properly drafted POA prevents that entirely.

What We Do

Two Documents Every Illinois Adult Needs

Powers of attorney are not just for the elderly. A car accident, a sudden illness, a surgical complication — incapacity can happen at any age. These two documents ensure someone you trust has immediate legal authority to act on your behalf.

Durable Financial POA

Grants your agent authority to manage bank accounts, pay bills, file taxes, manage investments, and handle real estate transactions on your behalf. “Durable” means it remains effective even if you become incapacitated — unlike a general POA, which terminates at incapacity.

Healthcare POA & Living Will

Designates someone to make medical decisions if you cannot. The companion living will (advance directive) records your specific wishes about life-sustaining treatment, artificial nutrition, and end-of-life care — so your agent and physicians have clear guidance.

"Without a healthcare POA, Illinois hospitals cannot legally take direction from your spouse on treatment decisions. The document is that important — and that commonly overlooked."

— Brad Plaschke, Managing Attorney · ARDC #6225854

POA Structures We Draft

Customized for Your Situation and Relationships

01

Durable Financial POA

Broad or limited financial authority. Effective immediately or only upon incapacity (springing). Tailored powers — real estate, business, tax, investments — based on your assets.

02

Healthcare POA

Illinois-compliant designation of healthcare agent with specific authority language. Includes successor agents in the event your primary agent is unavailable.

03

Living Will / Advance Directive

Documents your specific wishes regarding life-sustaining treatment, organ donation, and DNR preferences — in your own words, legally binding under Illinois law.

04

Limited or Springing POA

Tailored for specific transactions (e.g., a real estate closing you cannot attend) or designed to “spring” into effect only upon a physician’s certification of incapacity.

How It Works

Our Attorney-Led Process

01

Week 1

Free Planning Review

Brad discusses your family structure, identifies the right agents, and explains the scope of authority appropriate for your situation.

02

Week 1–2

Agent Selection & Scope Design

We work through who to name as primary and successor agents, what powers to grant, and any specific limitations or conditions you want included.

03

Week 2–3

Drafting & Plain-Language Review

Brad drafts both documents in compliance with Illinois law and walks you through every provision so you understand exactly what authority you’re granting — and to whom.

04

Week 3–4

Execution & Distribution

Witnessed and notarized per Illinois statutory requirements. Brad advises on providing copies to financial institutions, healthcare providers, and your agents.

Frequently Asked Questions

What happens if I become incapacitated without a financial POA?

Your family must petition an Illinois court for guardianship — a process that can take months, costs thousands in legal fees, and places an ongoing reporting burden on the guardian. The court, not you, decides who is appointed. A durable financial POA eliminates this entirely.

An agent under a POA has a fiduciary duty to act in your best interest. However, a poorly drafted document can create ambiguity. Brad’s documents include explicit gift and self-dealing limitations unless you specifically authorize otherwise — protecting you from potential abuse while giving your agent the authority they legitimately need.
Yes — it legally designates one person as the decision-maker. Without it, Illinois law creates a hierarchy of default decision-makers (spouse, adult children, parents, etc.), which can create conflict if family members disagree. A healthcare POA eliminates that ambiguity entirely.
Yes, at any time while you are mentally competent. Revocation should be done in writing and, for financial POAs, communicated to any institutions that have a copy on file. Brad can assist with proper revocation and replacement if your circumstances change.
Technically, a document may meet the minimum statutory requirements — but generic online forms frequently create problems. They may not reflect Illinois’s specific statutory language, may lack appropriate agent limitations, and rarely account for the specifics of your assets or family situation. An improperly drafted financial POA can be rejected by banks and financial institutions.

What Naperville Families Say

“When my mother had a stroke, her healthcare POA made all the difference. We knew exactly what she wanted and had legal authority to act immediately. Brad had prepared those documents with her two years earlier. I cannot overstate how important that preparation was.”

Ellen G.

 Aurora, IL

“Brad explained every provision — what our agents could and couldn’t do — in plain language. We left confident, not confused. He also flagged that our old POA from another state wasn’t valid in Illinois. That alone was worth the consultation.”

Mark & Diane P.

Naperville, IL

“I’m a business owner and Brad made sure my financial POA included appropriate authority over my business interests — something a generic form would never have addressed. He thought of things I hadn’t considered.”

David R.

Lisle, IL

Ready to Protect Your Family?

Schedule a free planning review. No pressure, no obligation — just clear answers from an experienced Illinois estate attorney.

Attorney advertising. Not legal advice. No attorney-client relationship created by this website. IL ARDC #6225854.