1001 Warrenville Rd, Suite 224, Lisle, IL 60532
Carol A. Nolan, Attorney at Law



The Illinois Statutory Short Form Power of Attorney for Property Law

Sec. 3-4. Explanation of powers granted in the statutory short form power of attorney for property. This Section defines each category of powers listed in the statutory short form power of attorney for property and the effect of granting powers to an agent, and is incorporated by reference into the statutory short form. Incorporation by reference does not require physical attachment of a copy of this Section 3-4 to the statutory short form power of attorney for property.

When the title of any of the following categories is retained (not struck out) in a statutory property power form, the effect will be to grant the agent all of the principal's rights, powers and discretions with respect to the types of property and transactions covered by the retained category, subject to any limitations on the granted powers that appear on the face of the form.

Special Needs Trusts

There are two types of special needs trusts: (1) a special needs trust that is funded with the disabled person's own assets—OBRA '93 Payback Trust; and (2) a special needs trust funded with assets from someone other than the disabled person, such as a parent or other family member—Third Party Special Needs Trust.


A special needs trust is a discretionary trust set up for the benefit of an individual who has a disability that substantially impairs that individual's ability to provide for his or her own care. The purpose of this trust is to maximize private resources available to a person with special needs to provide for his or her own care, and also to insure that the disabled person remains qualified, or is able to qualify in the future, for federal, state, and local government benefits. Currently, in Illinois as many other states, such trusts are exempt from consideration as an available resource to the disabled person and are insulated from reimbursement claims by the state when the disabled person dies.

Small Estate Affidavit

The estate administration process can be complicated. However, there are some situations where an estate may be settled more quickly and efficiently through the use of a small estate affidavit.

  • Are total personal assets under $100,000? If estate personal assets are $100,000 or less, then you can pass the asset on using a small estate affidavit. This affidavit cannot be used for real estate.
  • If there is a will, file the will with the Circuit Clerk, obtain a certified copy of the will, and attach it to the small estate affidavit.
  • If there is no will, then you will list each heir.

Special Needs Trust Expenditures

Including but not limited to the following:


Powers Of Attorney And Planning For Potential Disability

By: Carol A. Nolan, Attorney at Law

As the population grows older, legal issues of mental incompetence are taking on greater significance. Planning for possible disability and the continued management of assets is one concept of estate planning. There are three disability strategies for management of assets: Powers of Attorney for Healthcare and Property, Guardianship through the probate court, and Revocable Living Trusts. This article will discuss Powers of Attorney for Healthcare and for Property.

The Illinois Probate Act, 755 ILCS 45/2 et seq, Durable Powers of Attorney (hereinafter referred to as the "Act"), recognizes "each individual has the right to appoint an agent to make property, financial, personal, and health care decisions for the individual but that this right cannot be fully effective unless the principal may empower the agent to act throughout the principal's lifetime, including during periods of disability, and have confidence that third parties will honor the agent's authority at all times." The Illinois General Assembly enacted the Power of Attorney Act to address this need.

Do Not Apply For Medicaid Until You Call Me

Please schedule an appointment with me to review your Medicaid application. Applications are confusing and when reviewed by an attorney, may be approved sooner.

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