Power of Attorney Lawyer, Chicago, Illinois

Drafting Powers of Attorney for Chicagoland Clients

If you are considering making a plan regarding your future health and finances, it’s important you consult an experienced estate planning attorney first. The documents drafted to protect your assets and your medical health decisions are legal documents, which if not properly formed, can be ruled invalid.

At McCarthy Duffy LLP, we assist clients throughout Chicago to understand their estate planning needs. We provide you with the information you need to protect your assets and your health. Contact us for a free initial consultation about powers of attorney.

Property Power of Attorney

A property power of attorney (PPOA) allows you to appoint a person as your agent to make or facilitate property decisions for you if you are unable to do so. For example, if you are traveling and it is time to pay your real property taxes, your agent can access your funds and pay the taxes. A PPOA doesn’t give ownership of your assets to your agent. A joint checking account imparts ownership of your assets to your loved one. If he or she has credit problems, your loved one can access the account and use your money to pay his or her bills. Creating a PPOA can solve that issue.

Heath Care Power of Attorney

A health care power of attorney (HCPOA) allows you to appoint a person to make health care decisions for you if you are unable to do so. Until you are incompetent, you continue to control your own health care decisions. This document can be helpful if you have specific medical concerns regarding your health care as you get older.

Before the advent of the HCPOA, the legal fraternity relied on living wills to carry out end-of-life decisions. Most attorneys will prepare an HCPOA rather than a Living Will. The Living Will still has a place, but a limited one. If you travel to foreign countries which do not recognize the HCPOA, a Living Will may very well be appropriate.

Mental Health Care Power Of Attorney and HIPPA

Our state legislature has also created a Mental Health Treatment Preferences Declaration, also known as a Mental Health Power of Attorney (MHPOA). If you or a loved one suffer from a specific type of mental illness, for example schizophrenia or bi-polar disorder, you can execute an MHPOA which gives your agent power to make decisions regarding mental health treatment.

When Congress enacted the Health Insurance Portability and Accountability Act (HIPPA), the privacy of records was a concern. Before HIPPA, 1996, it was thought that the HCPOA was sufficient authority for the appointed agent to obtain access to your health care records. Unfortunately, for your agent to obtain your medical records, you will need to sign a HIPPA Waiver.

The lawyers at McCarthy Duffy LLP can help you understand which type of estate planning document is right for your needs. We have served the Chicago area for more than 120 years and our experience means that you can be assured that your legal documents are solid. For more information, contact us at one of our four law offices located in downtown Chicago, Palos Park, or Skokie.