A living will permits you to express your wishes regarding resuscitation and life maintaining measures in the event you later become incapable of communicating your desires. It can help you try to avoid what some believe to be an undignified existence by allowing you to decline medical treatment, food, and water if these things are “artificially” keeping you alive. The choice is yours to make and physicians will honor your wishes if the proper documents are submitted.

A durable power of attorney for health care, on the other hand, allows you to appoint another person to make decisions for you regarding your medical care in the event you cannot. This power is broader than the living will. It, too, covers situations where you may be terminally ill and need resuscitation or other life maintaining measures to stay alive. Your agent, or attorney-in-fact, can decline these treatments if you give them that power. It also applies to situations where a health care decision is required but you cannot make that decision yourself (i.e., you are unconscious as a result of injury). Your agent could authorize or decline medical treatment on your behalf.

A durable power of attorney for finance allows you to appoint another person to make decisions for you regarding your real and personal property. This power is broad and covers situations where you are terminally ill or unconscious as a result of injury, but still living. Your agent, or attorney-in-fact, can manage your financial affairs as you so wish.

If you decide to create either a living will or a durable power of attorney for health care and/or finance, you will need to consider several things before you complete the documents. You will have to provide the name and contact information for the individual(s) that you nominate to make decisions for you in the event that you cannot make them.

Be sure to inform the person you nominate of your wishes. You can permit or refuse to permit donation of your organs for transplant. You can also permit or refuse to permit donation of your body for scientific or educational purposes. Some people wish to spend their last days at home rather than in a hospital. Some people wish to nominate one person to act as their attorney-in-fact for health care and another for their finance. You can express your wishes regarding these issues in these documents. Finally, you can express your wishes about funeral arrangements.

Typically, probate matters involve family members who are also dealing with the loss of a loved one. To prevent family members from becoming long term litigants be open and upfront with one another. Knowledge is a powerful tool. Even in situations that involve family, keeping informed is important. It is a simple task to require notification of events. It is a difficult task to recreate the past to correct a wrong doing.

Often, representatives do not intend to make a mistake, but mistakes can happen anyway. By receiving notice of every event in probate, you have the ability to take an active role. Information such as listing a property with a real estate agent or letting it sit as a FSBO for a year is imperative for heirs and legatees to be aware of.

Representatives can not waive your notice rights for you and will not take issue with you wanting to be notified. Understanding that everyone deals with death differently does not change your need to ensure your loved ones intentions are honored. The best way for heir and legatees to honor their loved ones is to hold onto their rights and not waive notice.

If we want to go back to the beginning of it all the story goes like this: I was born in Evanston, lived in Rogers Park, at 4 years old moved to McHenry with my family, went to Landmark, Valley View, Parkland, and Marian Central Catholic High School, then went to DePaul University for undergrad and DePaul Law School for Law School.

Don’t worry, my education didn’t stop there. I had some of the best mentors in the practice of law: Paul Brocksmith taught me how to write as a lawyer, Marc Lipinski taught me how to stand up for my clients no matter what and who gave me the education in the Fred Lane Trial Techniques class for professionals. The National Association of Women in Construction taught me through their blue print reading course and I became certified as a construction industry technician (Not that you need any additional certifications to be a lawyer in the State of Illinois). While I was blooming as an amazing trial attorney, other people started to recognize gifts in me that I did not even see.

Feel free to look at my results to see some of the things I have done. I thank Harry McKee for recognizing how good I am at trial early on in my career. It was before Judge Pallmeyer in Federal Court, and I was just out of school. Harry was my boss, at the time, and was generous enough to allow me, a young attorney, to question the witnesses. What was even more amazing when he came back to the office and told his partners that I have talent. YEAH for me… but more YEAH for the client.

I have enjoyed an active trial practice for the last eight years. Sometimes cases do have to go to trial, but not all of them. Alternative dispute resolutions are a great format to work out matters.

Another former boss convinced me how well I relate to people… and to take the 40 hour mediation training course from DePaul University College of Law Center for Dispute Resolution certification (Not that you need any additional certifications to be a lawyer in the State of Illinois). Listening to the needs and interests behind the problem settle disputes with much more control and power to the parties involved.

No matter what your legal need, it’s likely that I can help you. I guaranty that I will listen to you. If desired, we can come up with an action plan from there. Give me a call (815) 403-6866.