Answer: A last will and testament becomes effective only upon death and does not contain provisions for planning at incapacity. However, a properly drafted trust appoints a successor trustee to make distributions to or for the benefit of the Settlor at his incapacity (and this can be expanded to provide for others as well upon the incapacity of the Settlor (such as the Settlor’s spouse and children). Also, a power of attorney for healthcare and property can be used which names an agent to make healthcare and property decisions for a person should they become incapacitated. These can be drafted with very broad powers, or the powers of the agent can be as limited as desired. Also, the power of attorney for property can include provisions which allow the agent to make gifts and other estate planning decisions on behalf of a person who has become incapacitated, if that is desired.
NOTE: The information provided above is not intended to be nor should be relied upon as legal advice. Peck Bloom, LLC is located in the State of Illinois and the attorneys are only licensed to practice law in Illinois and Florida.
To locate experts in your state who can help you with this elder care matter, go to: www.ElderCareMatters.com/statechapters.htm
Kerry R. Peck, Managing Partner
Peck Bloom, LLC
Chicago, Illinois 60603
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