Designed for busy practitioners, this resource equips Illinois attorneys with clear insight, practical strategies, and ready‑to‑use tools for navigating incapacity planning with precision and confidence.
This handbook offers a practical, up‑to‑date guide to Illinois law on financial and healthcare decision‑making in anticipation of incapacity, combining statutory analysis with drafting guidance and model forms. It explains how powers of attorney, advance directives, and related instruments operate, the duties and liabilities of agents, and the rules governing third‑party reliance, while addressing common planning issues such as gifts, estate planning, medical decision‑making, and end‑of‑life choices. This edition includes additional alternative provisions for a power of attorney for health care and new provisions to facilitate Medicaid planning through a power of attorney for property. It also addresses recent revisions to the Living Will Act and the Illinois Power of Attorney Act and details the Illinois Supreme Court’s ruling in In re Coffman.
Susan T. Bart, ArentFox Schiff LLP, Chicago, and Ben A. Neiburger, Generation Law, Ltd., Elmhurst
Chapter 1 — Power of Attorney for Property
Chapter 2 — Illinois Health Care Decisions
