Frequently Asked Questions

Estate planning and elder law matters can quickly become complex. Without the aid of an experienced attorney, these legal dilemmas can suddenly overwhelm individuals or families. When you need the guidance of a lawyer, call 630-668-6600 or email Carol A. Nolan, Attorney at Law.

What are the benefits of legal guardianship?

The advantages of guardianship include court oversight of the person and estate, a ready forum to resolve disputes, and procedural safeguards to the determination of disability. Disadvantages of guardianship include court costs, legal fees, probate bond premiums, and the requirement of providing an annual report of the person and estate to the court (which may be seen as a disadvantage by the guardian but an advantage by other family members). Probate guardianship proceedings are also public. Guardianship through the courts provides a legal forum for decision-making for a disabled individual.

What types of documents are necessary when developing a comprehensive estate plan?

When considering an estate plan, many individuals first think of drafting a will. In truth, an estate plan can include a will, several forms of trusts and different powers of attorney. These documents can be as general or specific as your situation demands. A knowledgeable estate planning attorney can provide thorough advice regarding the types of documents that could be beneficial.

Are there different types of powers of attorney?

Typically, powers of attorney can focus on either health care or finances. Giving someone power of attorney over your health care means that you are giving them authority to make health care decisions should you become incapacitated. Likewise, power of attorney over property allows an individual to make decisions regarding bills, real estate transactions, or other issues related to your income, assets, and finances.

Are there different types of trusts?

In short: yes. Depending on your unique financial situation, it is likely that you can find a trust that meets your needs and goals. Whether you need a special needs trust, minor's trust, cabin trust, pet trust, or life insurance trust, an estate planning lawyer can explain the differences and benefits of each.

Schedule a Consultation

A frequently asked questions page provides a starting point to common concerns. It is wise to seek the counsel of an experienced attorney to discuss your unique desires. Email or call Carol Nolan at 630-668-6600 to schedule a consultation.