By Matthew A. Quick
A health care power of attorney appoints an agent to act on a patient’s behalf when he or she is unable, pursuant to a list of directives. On the other hand, a living will sets out a list of wishes, but does not give anyone the power to act on a [...]
Entries Tagged as 'Guardianship'
Powers of Attorney and Living Wills (Illinois)
December 8th, 2009 · No Comments · Estate Planning, Guardianship, Special Needs Planning
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Court Revoking Real Estate Contract for Disabled Person (Illinois)
December 3rd, 2009 · No Comments · Guardianship, Real Estate, Special Needs Planning
By Matthew A. Quick
In light of the recent holding in Perry v The Estate of Irene Carpenter, equitable considerations are a proper basis for a court to set aside a contract for sale of a disabled person’s home, especially where circumstances indicate fraud and unfairness. As held in previous cases, “Courts are under a [...]
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Convenience Accounts (Illinois)
September 23rd, 2009 · No Comments · Estate Planning, Guardianship
By Matthew A. Quick
Public Act 96-123 creates the Banking Convenience Account for Depositors Act, which permits a convenience account holder (or someone to accommodate the transfer of funds) to be added to a deposit account. In practice, this means the financial institution may pay out of an account to the convenience account holder without [...]
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Do-Not-Resuscitate Orders (Illinois)
September 3rd, 2009 · No Comments · Estate Planning, Guardianship, Probate
By Matthew A. Quick
The Health Care Surrogate Act with regard to a Do-Not-Resuscitate Order (also known as a “DNR”), to wit, Chapter 755 of the Illinois Compiled Statutes, Act 40, Section 65, now only requires one witness to the signing of the Do-Not-Resuscitate Order instead of two witnesses; but requires the witness to attest that [...]
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The Prudent Investor Rule (Michigan)
July 20th, 2009 · No Comments · Estate Planning, Guardianship, Probate
By Matthew A. Quick
The actions of a personal representative, guardian, conservator or trustee, or a successor of them, are governed by the Michigan Prudent Investor Rule, unless specifically excepted or restricted. MCL 700.1501, et seq; MCL 700.1104(e); MCL 700.1502. The Michigan Prudent Investor Rule, to wit, MCL 700.1502(1), provides:
A fiduciary shall invest and [...]
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Guardian v Conservator of an Adult (Michigan)
July 9th, 2009 · No Comments · Estate Planning, Guardianship, Probate, Special Needs Planning
By Matthew A. Quick
When people cannot care for themselves, others are required to help. If Powers of Attorney, Patient Advocate Designations or Living Wills have not been executed (meaning no one has been appointed to help) then people must rely upon a Court to select someone. A Court will choose anyone who is [...]
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