Advanced Directives, Wills, and TODIs 101
September 12, 2024
Presenters:
Kim Thielbar, Prairie State Legal Services
Debbie Nall, Legal Council for Health Justice
Prairie State is a non-profit law firm that provides free civil legal aid to people who cannot afford an attorney and who have a legal problem affecting their basic human needs.
Legal Council for Health Justice uses the power of the law to secure dignity, opportunity, and well-being for people facing barriers due to illness or disability.
LCHJ Practice Groups
•AIDS Legal Council (ALC)
•Homeless Outreach Project
•Children and Families Project
WE
PRO BONO
Agenda
PSLS/PBN Projects
Two very similar projects!
DELC & ADSP Project Overview
Project Details
No experience necessary!
ALC Estate Planning Project
ALC Estate Planning Project Overview
ALC Estate Planning Project Overview
ALC Estate Planning Project Overview
Why are these projects important?
Powers of Attorney
755 ILCS 45/1-1 et seq.
Overview
Statutory Short Forms
Top 5 Reasons to Use the Statutory Short Forms
What happens with the forms?
Qualifications of the agent
Naming an agent
Duties of the agent
Termination
Power of Attorney for Property
755 ILCS 45/3-3
What is it?
“But I don’t have any property…”
“I thought I was here for a will…”
Statutory Power of Attorney for Property
Is there anything the statutory form doesn’t cover?
PPOA and the Social Security Administration
To spring or not to spring?
What are some advantages and disadvantages of a springing effective date?
Revocation
Let’s see if you’ve been paying attention…
Mary comes to you for assistance with advance directives. You discuss with her the different advance directives available and ask her which she wants to execute.
She tells you that she doesn’t need a Power of Attorney for Property because she doesn’t own a house. What do you tell her?
POA for Property Resources
Power of Attorney for Healthcare
755 ILCS 45/4-10
What is it?
What is healthcare?
Statutory Power of Attorney for Healthcare
Effective date
“As determined by a physician”
Life sustaining treatment
Life sustaining treatment
Termination
Revocation
Delayed revocation
“I want a DNR…”
What if I don’t have an HCPOA?
Back to Mary
After you resolve the Power of Attorney for Property issue, Mary tells you that she would like a Power of Attorney for Healthcare.
Mary sees a number of doctors and takes many medications. While she is capable of making her own medical decisions, she tells you that she finds it all overwhelming and prefers for her adult daughter to manage her healthcare and talk to her doctors.��How do you advise Mary to complete the HCPOA?
Declaration/Living Will
755 ILCS 35/1 et seq.
What is it?
Statutory form
Effectiveness
Revocation
How is a Declaration different from an HCPOA?
Coordination with HCPOA
Back to Mary
Mary executed her HCPOA and, in the section regarding life sustaining treatment, she indicated that staying alive is more important to her and she wants her life to be prolonged to the greatest extent possible.
She now tells you that she wants to execute a Declaration/Living Will. How do you advise her?
Wills
755 ILCS 5/4-1 et seq.
What is it?
Am I Required to Have a Will?
Do I Need a Will?
What About Probate?
Revocation
Changing a Will
Per stirpes and per capita
Tip: Just ask the client what they want in plain language
Transfer on Death Instrument (TODI)
755 ILCS 27/1 et seq.
What is it?
Why Consider a TODI
TODI must be recorded
Effect of TODI During Owner’s Life
Execution
Revocation
Effect of TODI at Owner’s Death
Real property
Joint Owners
Joint Owners, cont.
Beneficiaries
What if the Designated Beneficiary Dies Before the Owner?
Surviving spouse can renounce
Effect of renunciation
Practice Tip
Working with Clients with HIV & AIDS
AIDS Confidentiality Act 410 ILCS 305
$2,000 for Negligent Disclosures
Why is the AIDS Confidentiality Act relevant to my work with the client?
HIV Stigma
“Those people with HIV got what they deserved”
“Those people, who do that get HIV”
HIV Discrimination
How can you protect the privacy of people living with HIV?
I still have questions???
Tips!
Assess capacity
Ascertain the client’s wishes
Document drafting
PSLS Process
LCHJ Process
Kim Thielbar
Director of Pro Bono Services
Prairie State Legal Services
31W001 E. North Avenue, Suite 200
West Chicago, IL 60185
630-580-3322
Deborah Nall
Senior Staff Attorney, ALC Program
Legal Council for Health Justice
17 N. State St. Suite 900
Chicago, IL 60602
312-605-1966 direct
312-427-8990 office dnall@legalcouncil.org