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Basic "Illinois" Planning
Documents
Below is a link to an Adobe Acrobat file
that contains three basic documents everyone should have at their
disposal. Please read the descriptions of these documents below. These
documents are provided without warranty. We strongly advise that you
consult with a licensed attorney before executing these or any legal
document. Disclaimer: The Diocese of Rockford assumes no
liability whatsoever as to their suitability for any particular purpose.
Download Planning
Documents (in pdf)
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Will – this is
a basic, simple will used for most married couples. It instructs that
everything be left to the maker’s spouse, then to their children, should
both parents be deceased. It has language in it to name a guardian for
minor children and a trust feature instructing that assets be held for
the benefit of minor children by a third party (generally the executor)
until the
child(ren) reaches age 18.
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General Power of
Attorney is a document allowing the naming of an agent
(generally the spouse) to act on a person’s behalf in regard to all
financial matters. This power is used in the event the maker is unable
to perform any financial functions (for example, unable to attend a real
estate closing, this power allows the agent to represent that person at
the closing, or should a person be disabled, the agent can act on that
person’s behalf). The power of attorney remains in effect for life or
until revoked by the maker.
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Health Care Power of
Attorney names an agent to act on a person’s behalf regarding
heath care issues ONLY if they are unable to do so themselves. It
provides for organ donation and has specific language regarding the
agent’s access to information through the Privacy Act (HIPAA). On page 3
of the document, the maker is required to choose between one of three
options in regard to the agent’s authority: the first is the broadest
grant of authority, allowing the agent to weigh the benefits of
treatment vs. the burdens of same. The second option requires a doctor
to determine the maker in an irreversible coma before allowing the agent
to make decisions, the third option is a “keep me alive at all costs”
choice.
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