Guiding

Decisions

Agents

Guardians

Estate Administrators

Trustess

Some individuals suddenly find themselves with huge responsibilities, such as acting as an agent, guardian, estate administrator or trustee, but with little training or preparation.  However, they are required to make fiduciary decisions which can be challenged in court.  We will guide these individuals on the process of gathering appropriate information, making a decision based on that information, and properly recording, in writing, each decision.

“Whenever a power is exercised, the agent shall act in good faith for the benefit of the

principal using due care, competence, and diligence in accordance with

the terms of the agency and shall be liable for negligent exercise."

- from Illinois Compiled Statutes, 755 ILCS 45/2-7(a)

Do I Need to GUIDANCE with my decisions?

Agent

If you an agent named through a Durable Power of Attorney for Property and/or Health contract governed by Illinois law, and you believe that the principal suffers from diminished mental capacity, then you now seemingly have authority to make decisions about the property or health of that principal, but do you understand that if the principal has not been officially declared to be disabled then he or she can sue you, that you might be personally liable for negligent decisions (that is a purposely loose term of art), and that under Illinois law, other "interested parties" can petition the court to remove you as the agent for the incapacitated principal?

Guardian

If you are a guardian who has  been appointed by an Illinois judge to make decisions over the property or health of an Illinois resident who has been officially declared to be disabled, do you understand exactly what issues and concerns the judge requires you to balance when you make these decisions and then how you need to report your decisions back to the court?

Estate Administrator

Are you the administrator of the estate of a deceased individual and need to deal with the Illinois probate hearings, such as providing any documents or information that is requested by the court and complying with the  the judge’s instructions on the distribution of assets, and then, at the end of the ordeal, you will need to file appropriate federal and state tax reporting forms?

Trustee or Having a Power Over a Trust

Are you serving as a trustee or co-trustee of a trust, or have been given certain powers, such as the power to monitor and replace actual trustees or beneficiaries, or have any other relationship with a trust where you need to make decisions?

 
 
 
 

So, you might be personally liable to others
if you make decisions that violate your fiduciary duties!

Contact us for a free consultation if:

you have been appointed as:

an agent through an Illinois Durable Power of Attorney contract;

a guardian over an individual's property or health through an Illinois judge;

an estate administrator for a deceased Illinois resident; or

a trustee, or a person with a power, over an Illinois trust

Please note that if you will be a fiduciary, but will be governed

under the laws of another state (other than Illinois),

while we are not able to take you on as a client,

if you contact us, we will certainly try to connect you with appropriate

legal counsel in that other state.

On the other hand, if you are a fiduciary governed under

the laws of another state, but there are assets sited

in Illinois or any other issues arise that will be governed under

Illinois law, then please feel free to contact us.

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Serving Chicago, Illinois and its collar counties 

Barry Kozak, Managing Attorney

Meetings by appointment only
1628 West Irving Park Road, Suite 1W, Chicago, Illinois 60613
click here to contact us

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Disclaimer -
Any information on this website is purely educational and does not constitute legal advice.
​Legal advice is only provided to clients of Estate Law HELP after a client retainer agreement has been executed.