no need to leave your home to receive legal consultations and services - Call or click to learn more about phone and video conferencing with our attorneys

no need to leave your home to receive legal consultations and services - Call or click to learn more about phone and videoconferencing with our attorneys

Making Decisions When There is No Power of Attorney

Article written by Attorney Kevin O'Flaherty
Updated on
October 28, 2019

In this article, we will discuss how to make decisions for a loved one when there is no power of attorney.  We will answer questions “what is the power of attorney?”, "Why Should I Have a Power of Attorney in Illinois?", "“Who Makes Decisions When There is No Power of Attorney in Illinois?” and “What Happens to an Estate if there is no Power of Attorney?"

For more information on Estate Planning, see our article “Illinois Estate Planning Explained”.


What is the Power of Attorney in Illinois?

Power of Attorney is a signed document granting power to a person or group to manage your affairs when you unable to do so.  This can be an important decision to avoid legal and financial battles between family members.  This is usually formed prior to any physical or mental injury that may occur which would limit the capacity of an individual’s decision making.  These powers include but are not limited to financial changes, business decisions, and legal claims.

For more on Power of Attorney, see our article “Illinois Power of Attorney Explained”.


Why Should I Have a Power of Attorney in Illinois?

Power of Attorney appoints an agent as a decision maker for your affairs.  This can be a very beneficial decision for you and your family.  It will give you the peace of mind knowing that your affairs are being handled by a trustworthy and knowledgeable individual.  It will also help your family by providing them with a decision making leader whom they can go to with concerns and use as a mediator to avoid potentially stressful family conflict and debates.


Who Makes Decisions When There is No Power of Attorney in Illinois?

If a person is not able to make decisions for themselves and there is no power of attorney established for them, the decision will fall on the family of the person.  This can cause major emotional stress for the family member who is given responsibilities they may not be prepared to make.  This can also cause problems when there is more than one family member called upon to make the decisions.  These family members may disagree on directions to take and decisions to make regarding their loved one.

If there is a disagreement among loved ones or if certain financial or living decisions are required aguardian will have to be appointed by the court through a guardianship proceeding if there is no pre-existing power of attorney.  For more on this, check out our article, Illinois Adult Guardianship Hearings Explained.


What Happens to an Estate if there is no Power of Attorney?

If a person becomes mentally incompetent, a conservator or guardian of the estate may be appointed through a guardianship proceeding in order to manage the disabled individual's estate, or, in other words, his or her financial affairs. For more on this check out: Illinois Guardianship of the Estate Explained.

Powers of attorney are used to appoint agents with decision-making powers for living individuals with mental or physical disabilities. They lose their efficacy once the creator of the power of attorney passes away. Once an individual passes away, management of the estate lies with the person named as executor in the deceased individual's will or the trustee named in his or her trust.


For more on probate, see our article “Illinois Probate FAQ”.

Additional Financial Considerations
from Financial Experts

From Financial Experts

For many years, financial institutions have been creating a disservice to clients and the industry as a whole for years.
View More Professional Considerations
Schedule a
Consultation

Presented By O'Flaherty Law

Making Decisions When There is No Power of Attorney

Need Legal Help? 

Schedule a
Consultation
contact us
(630)324-6666


9 am - 5 pm M - F
After 5 pm by Appointment
|
11 am - 3pm Sat by Appt
|
11 am - 2 pm Sun by Appt

What to Expect From a Consultation

The purpose of a free consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. Although most consultations are complimentary, some may carry a charge depending on the type of matter and meeting location.

Leave a Comment With Your Questions

Schedule a
Consultation
contact us
(630)324-6666


9 am - 5 pm M - F
After 5 pm by Appointment
|
11 am - 3pm Sat by Appt
|
11 am - 2 pm Sun by Appt

Power of Attorney Explained in Illinois
See if you qualify for a Tax Appeal
Probate Attorney, Probate Lawyer, Probate lawyers, probate lawyer

Estate Planning

Disclaimer: Our articles and comment responses do not constitute legal advice and are not intended to create an attorney-client relationship.

Please contact us to schedule a consultation specific to your legal situation.

Contact us for a Free Consultation

Schedule a free consultation

O'Flaherty Law is happy to meet with you by phone or at our office locations in:

Who We Are
We are your community law firm. Our Iowa & Illinois Attorneys are committed to providing exceptional client service in a cost-effective manner in the areas of Family Law, Probate, Estate Planning, Civil Litigation, Guardianship, Criminal Defense, Corporate & Contract Law, Bankruptcy and Real Estate.

Some of Our Accomplishments

Best Child Support Lawyers in Chicago
DuPage County Probate Attorney
Kevin P. O'Flaherty
Rated by Super Lawyers


loading ...
Naperville attorney
DuPage County Probate Attorney

Subscribe to our mailing list

* indicates required