Law Office of Vincent C. Machroli, P.C.
High Point Plaza, 4415 West Harrison Street, Suite 213, Hillside, IL 60162
High Point Plaza, 4415 West Harrison Street, Suite 213
Hillside, IL 60162



Plan In Case You Ever Become Incapacitated

 Posted on January 05, 2017 in Personal Injury


Many people are concerned about what would happen if they ever became incapacitated and could not handle their own affairs. Who would make their medical decisions? Who would deposit checks, pay their bills and handle other business matters? Fortunately, there are documents you can prepare now to protect you in case you ever become incapacitated and cannot manage your own affairs. Here is a summary of the main ones.

  • Durable power of attorney. This is a document in which you name someone (called an "agent" or attorney in fact") to handle your business affairs if you cannot handle them yourself. The person does not have to be an attorney, but because he or she has control over your financial affairs, should be someone you fully trust.

    With a durable power of attorney, you can name someone to handle your business affairs immediately, or when a specific event occurs, such as your incapacity (this is sometimes called a "springing power of attorney").
  • Durable power of attorney for health care. In this document, you appoint someone to make your medical decisions if you cannot make them yourself.

    Powers of attorney can be changed or revoked any time while you are legally competent. Thus, if you want to change the person you have designated to handle your business affairs or make your medical decisions, you can do so.

If You Have No Documents

If you become incapacitated and have no documents, a "conservatorship" proceeding may be necessary. In a conservatorship proceeding (called a "guardianship proceeding" in some states), a court appoints someone to care for you and manage your estate.

Sickness and incapacity can happen suddenly, so it's best to prepare powers of attorney as soon as possible. They will help make sure that if you become incapacitated, your business affairs and medical decisions will be handled by the person you want. They can also help save your family the expense and inconvenience of a conservatorship proceeding.

Share this post:
Illinois State Bar Association LAW QA Verified DuPage County Bar Association American Bar Association Alignable MH2018 AVVO Will County Bar Association bbb
Back to Top