Many. Primarily it’s intended to save time & money. Like any advanced planning it functions to allow the purchaser & beneficiary the ability to make clear, qualitative decisions. Generally, the death of a loved one means the immediate answers to dozens of lasting and irreversible consequence. Under stress, it’s easy to see how those could be answered unwisely, costing you needlessly or at worse, not giving you and your family the quality service you deserve. Many plans allow you to pay for a funeral service incrementally or in to guaranteeing tomorrows funeral at today’s prices. Plans can be insured or place funds in trust, survive changes in ownership, etc., all good plans allow for changes and even dissolution. Almost all funeral homes recognize and incorporate some type of funeral pre-arrangement/funding in their service plans. Call your funeral director they will be pleased to discuss it.
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In short, no. However, read on. Under 225 ILCS 41 Sec. 1-10 embalming is defined as “the means of processing and sanitizing a deceased in order to reduce the presence of microorganisms, to retard decomposition, and render for safe handling while retaining the naturalness and restored physical appearance for funeral viewing purposes.” Embalming may be required if the deceased has died from
certain types of contagion, where remains are transported via common carrier, or transportation to states that specifically require it under similar circumstances, and when exercising due diligence because of family member contact. A funeral home may require it if there is protracted viewing or formal visitation, but a funeral director may not require it or refuse family members to ability to see the deceased based solely upon their election not to embalm. It‘s often best to defer to the discretion of the funeral professional, however, bear in mind, where not wanted or needed, you should not have to pay for it.
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You bet! Not only are they amendable or changeable, but they are transferable and in most cases revocable. A funeral, or prearranged funeral, like any other sale for services and merchandise is a simple contract, the breach of which may involve liquidated damages. For instance, if you contract with a funeral home to prearrange and even prepay a funeral, then let’s say you move or simply change your mind about either the services or the selected funeral home or both, you may, at any time, amend, change, switch, or even cancel your "plans." Be mindful, your specific contract may obligate you to "administrative fees" sometimes collected in the form of the interest on the original prearrangement balance. These are essentially the "liquated damages" I was speaking of. Realize though, that if this prearrangement/prepayment is subject to, or made under the regulations of medicade or public aid then there exists salient reasons for it to be irrevocable. However, this would have been explained to you at the time the prearrangements were made. In regards to an actual funeral situation itself, a person always has the right to change their mind at use other facilities or change their type of service. But, it’s important to remember that the original funeral director that provided some of the services would be due her reasonable charges for their services and merchandise up to the point where you changed your mind. Most funeral directors would rather waive "fees," personally arbitrate, or allow a family to leave on good terms, than to risk ill will with his client and community.
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Yup! For you pet lovers: "A woman died at peace, leaving her fortune and care of her cat to her niece. Alas, the fortune and the cat soon disappeared after that." You can make provisions in your Will for the care of your pet, but the moral of the above limerick, is that leaving your money to someone to do the job may not best the best procedure. If you are serious about caring for your pet after your death, you can employ an attorney to set up a separate trust for the care of your pet, or you can have the attorney include a trust provision in your Will. The trust document will direct the trustee to pay sufficient monies to a custodian for the care of the pet. You also need to name a beneficiary (a person or charitable organization) to receive whatever may remain in the trust after the pet dies. If you intend the trustee to also serve as custodian of the pet, then you can ask the beneficiary to regularly check on the pet to see to it that the pet is treated humanely, if not benevolently. If you don’t have the resources for this type of arrangement, other good plans might include asking a fellow pet lover to care for your pet, or possibly a family member. Another good resource might include asking your veterinarian. In any case, I find it preferable to the "all too common" practice of having the animal euthanized rather than suffer the loss of its master.
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Not simply reserved for minors, guardianship is key element in Elder and Estate Planning. Guardianship is designed to protect and promote the well being of those whose functional limitations prevent them from making their own decisions. Adult guardianship is a relationship between a Court appointed individual and the "incapacitated" individual (the "ward"). Incapacitation is defined as dementia, brain injury, stroke, or chronic mental illness. The "ward" must be "substantially" unable to provide for his or her physical, emotional, residential, and medical needs. The legal standard is whether a person is able to make an "informed decision". A guardian is given the right to make decisions in the best interest on behalf of the disabled ward. Because guardianship involves questions of deprivation of personal liberty the law approves guardianships only when other less restrictive alternatives have proven ineffective. A guardian’s authority is limited to only those areas where there is evidence to indicate that a person is legally incapacitated. Areas where a ward may make informed decisions may not fall under the purview of the guardian. A guardian’s responsibility may extend to both person and estate. Every guardianship is viewed as unique. Guardianships can be requested by anyone interested in the ward’s well being.
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Cash is always king, and most retailers, funeral homes no exception, may offer generous discounts for cash payment prior to the time of service. However, for those of us who are not as fortunate to have large amounts of cash readily available, many funeral homes accept credit cards. Most credit card companies, by the way, are willing to extend the credit card holder’s credit limit in light of such exigent circumstances as a death. Funeral homes, much like other businesses, will accept checks and may immediately verify their fundability through notification of the payor’s bank. Some funeral directors are willing to accept Insurance Policy assignments where the policy, amount, and beneficiary can be verified. Today’s Insurance Companies have streamlined payouts so that the funeral director waits only days instead of weeks (or months) for payment.
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If the decedent signed a donor card indicating his wish to use his body for any purpose and he is not a candidate for an organ donation, then you can offer to release the body to the following institutions to be used for education or research:
Anatomical Gift Association of Illinois
2240 West Fillmore Street
Chicago, IL 60612
(312) 733-5283
Southern Illinois University
School of Medicine
Department of Anatomy
Carbondale, IL 62901
(618) 536-5511
You should call the institution to determine whether they will accept the body, and what their particular procedures are. Generally, they will not accept bodies from those who have died from a contagious disease or from crushing injuries. A body may not be sold for this purpose, but if they ultimately accept the donation, you are then responsible for transportation, professional, and filing fees from the funeral home. Realize that your body has certain commercial value once prepared for its purpose and it is then sold. It may take 18 months to 2 years to complete the study. Once the project is complete the remains are cremated and the cremains are returned to the family, or if the family wishes, the institution will arrange for their burial. For more information regarding body donation, handling, storage, and use of the remains, call your funeral director or the aforementioned institutions.
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It depends on how you define savings; if savings is measured solely upon dollars spent, then possibly so, if savings is to be measured by expertise, quality, and piece-of-mind, possibly not. However, knowledge is power, and truly informed consumers always make wise purchases. Buying funeral merchandise outside the prevue of funeral homes is nothing new. People have long been able to buy caskets on the internet, from Tapist Monks, and even the Amish, and cabinet makers. What seems unreasonable to me is that the few extra hundred dollars over one lifetime a person might demand on such a highly personalized item pales in comparison to the billions we eagerly spend on alcohol, cigarettes, lottery tickets, It’s simply human nature. Commercialism seems to set our standards. We all delight in the feeling of saving a dollar, and believing we got a bargain, where and how you make a purchase is a objective choice. It all has to do with your values. If you are able to reconcile your choice based upon objectivity then shouldn’t we all thankful we live in a society that promotes it. However, for my money, I spend it where I can trust, professionals that are trained in what they do, and care about the purchaser. Of course, my opinion is obviously biased. I’ll leave the mega retailers to what they do best, selling cases of paper towel and macaroni and cheese. However, you be your own judge--compare.
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As the life expectancy of the population increases, so does the percentage of the population who suffer from debilitating diseases such as Alzheimer’s and Parkinsons’. As you age , your chances for suffering dementia as a result of a stroke or other debilitating diseases increases. It is estimated that more than 50% of the population who are 85 or older, suffer from some degree of dementia. If you are concerned that you may become disabled in the future, you need to consider who will care for your property and who will take care of your person. You can have an attorney prepare a Trust. You can be a trustee of the funds while you have capacity. Once you can no longer do so, then the person you name as Successor Trustee will take over. Your attorney can also draft a document naming someone to serve as the guardian of your person. In the event that it is necessary to appoint someone to be your guardian, then that person will be given priority (755 ILCS 5/11a-6). You may appoint someone to make your medical decisions to make your medical decisions by signing a Power of Attorney for Health Care. You can also appoint someone to be your to be your agent to care for your property in the event you be come incapacitated by signing a Power of Attorney for Property. Your attorney can prepare both of these documents to meet your special needs.
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Yes, many do, or can. Some funeral homes historically were in the "marker" business generations ago, but currently, its more likely than not, that they are separate enterprises, but you would be correct in your thinking that funeral homes are a logical place to bring your inquiries. Many funeral homes act as Independent Contractors to execute the sale through a local monument company whereby the funeral home may either be paid a commission on the sale, or simply monitor the sale at no cost for the benefit of their clients. Some funeral homes may choose not to become involved in the sale at all, but most certainly can direct their clients to reputable artisans. Keep in mind, the material, shape and size of your particular maker or monument may be regulated by the cemetery. Many "memorial parks" may only allow "flush" markers in all or certain sections of the cemetery. Other cemeteries may contain regulations on size or even standardize what they believe is appropriate in wording or symbolic appearance of the markers. Also, be mindful, marker pricing, like any other purchase, can vary widely. And, not only must one be concerned with the price of the marker, but there may well be an installation, setting, lettering, foundation, and permit fees to be concerned with, and state tax.
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It has long been a requirement of most cemeteries that obligate you to purchase a burial vault, or some type of grave box or liner. The reasons for their requirement are manifold, the least of which is esthetics. Due to modern day use of heavy equipment upon the cemetery grounds, and across the graves themselves, a sturdy burial vault (container for the casket) acts to defer soil displacement, and greatly compensates for natural ground sink that happens when any a volume of soil is removed and placed back in the same area. Here in the Midwest, we are prone to seasonal water tables. This variability can send less heavy items (like caskets) protruding out of the ground. Granted, this doesn’t happen often, but it did just that a few years ago with spring time flooding along the Mississippi river and among some very old cemeteries. There remain some private and church owned cemeteries that do not require vaults, etc., but they are the exception, not the rule. If it is cost you are concerned with, your funeral director offers a wide range burial vaults and grave liners and will be happy to answer all your questions regarding type, construction, strength, durability, options, guarantee, and yes, even esthetics. From simple to elaborate, the median priced vault reflects only about 15% of the funeral’s total cost.
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Letting your survivors know your funeral wishes saves them the difficulties of making these decisions at a painful time. Many family members and friends find that discussing these matters ahead of need, although uncomfortable and awkward for some, can later be a great relief - especially if a person is elderly or in poor health and death may be expected. Planning some of these details in advance can also save money. For many, the cost of a funeral rank just behind the cost of a home and an automobile in total lifetime costs The good news is few of us end up being responsible for more than two funerals in our lifetimes. However, a Will is not a good place to express your death and burial preferences for one simple reason: your Will probably won’t be located and examined until several weeks after you die, long after decisions about your disposition have been made. A Will should be reserved for directions on how to divide and distribute your property and, if applicable, who should get care and custody of your children if you die while they’re still young. Possibly the greatest advantage by far, to all of life’s prearrangements is that you "called the shots" and tried your best to diffuse any of the misconceptions about what you intended. And, while it may not resolve all of those types of problems it’s much better than not having done anything at all.
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Most funeral homes are prepared to handle all of the details related to disposition of human remains. These include: (1) Collecting ("removing") the body from the place of death. This is most commonly a hospital bed or morgue, nursing home, or at home when a person has died with hospice care. (2) Storing the body until it can be buried, cremated or donated (a funeral director is a legal custodian, and as such, is held to a higher standard of care for this storage). (3) Making funeral arrangements with the legal next of kin, or their agent, and contacting the cemetery (crematory or facility for donation) for final disposition. (4) Preparing the body for disposition (this may include embalming, dressing and cosmetizing, or a combination, in preparation for a visitation, shipping and a funeral). (5) Transporting the remains for burial (cremation, or donation). (6) Securing, executing, and filing of the Death Certificate and Burial / Transit Permit. (7) Filling and filing of any benefits and payments on behalf of the deceased and beneficiaries. This is just a short list of what a funeral director may be responsible for, and remember this is accomplished in a relatively short period of time. However, if you find this confusing, call a funeral director; they will be happy to make an appointment and explain these processes in detail. If you wish, arrangements can be made and even paid for in advance, relieving you of confusion and possibly saving you money at future need.
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Many. Primarily it’s intended to save time & money. Like any advanced planning it functions to allow the purchaser & beneficiary the ability to make clear, qualitative decisions. Generally, the death of a loved one means the immediate answers to dozens of lasting and irreversible consequence. Under stress, it’s easy to see how those could be answered unwisely, costing you needlessly or at worse, not giving you and your family the quality service you deserve. Many plans allow you to pay for a funeral service incrementally or in to guaranteeing tomorrows funeral at today’s prices. Plans can be insured or place funds in trust, survive changes in ownership, etc., all good plans allow for changes and even dissolution. Almost all funeral homes recognize and incorporate some type of funeral pre-arrangement/funding in their service plans. Call your funeral director they will be pleased to discuss it.
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No, but like many things in life, it’s better to have and not need, than need and not have. One distinct advantage a will possesses is that it allows the grantor the ability to select an “executor” and waive the necessity to post surety on their bond. This one advantage can safe the estate considerable expense alone, and there are many others. Wills are generally inexpensive documents that allow you to ensure bequests (whether valuable or not) are given specifically or used to exclude individuals according to your wishes. In some cases individuals die where only a Small Estate Affidavit is needed for administration due to the size of their estate. Still others are able to transfer their assets through use of Joint Tennancy rules, or use of Trusts. A word of caution, while it is possible to write one’s own will, Illinois does not recognize “holographic” wills. Even form wills must be carefully witnessed. Trust a professional that cares. Most attorneys, including myself, will gladly offer you free consultation, and if a will is needed or not, they’ll advise likewise.
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Powers of Attorney (P.O.A’s) are of basically two species; P.O.A for Health Care and P.O.A for Property. These powers, given by the grantor to an individual (generally recognized as a fiduciary, and someone highly trusted by the grantor, i.e., close relative, or friend), and are used in anticipation of future or impending permanent or temporary loss of decision making capacity. The P.O.A or Attorney-in-Factum “steps into the shoes” and acts for the grantor where they are unable. These powers, may be limited to certain events, occurrences, and time, or may be limitless in nature. As there titles indicate, a Health Care P.O.A functions to allow medical decisions including, but not limited to “extraordinary care” such as feeding tubes, respirators and all means necessary to sustain (or NOT) life under the circumstances. Caution: these are only as good as they are known by health care administrators, and may need to be published and kept on the person. P.O.A’s for property give the grantor the ability to have their elected Attorney-in-Fact direct payments, transfer funds, sell assets, and even bring a law suit in the grantor’s name, when they themselves are incapacitated. These “powers” are most often used for less dramatic functions such as check writing, banking, and as a general signatory. These can be invaluable tools in estate and future planning. These do not function as, or are meant to give carte blanche authority in any other legal areas or capacities such as funeral arrangements or probate administration.
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Not the easiest thing to do in such a small column, However, combined with the information I am sending you, this should be a good start. A trust agreement is a document in which someone (the Grantor or Trustor) creates a trust and appoints a trustee to manage property placed into the trust. The usual purpose of the trust is to benefit persons or charities named by the Grantor as beneficiaries of the trust. A trustee is a person, or institution, who accepts the duty of caring for property for the benefit of another. The Trustor is the creator of a trust. If a decedent was a Grantor (or Settlor) of a trust, then he was probably managing the trust, as Trustee, during his lifetime. The document should name someone as Successor Trustee to manage the trust now that the Grantor is deceased. The trust document may instruct the Successor Trustee to make certain gifts once the Grantor dies, or perhaps hold money in trust for a beneficiary of the trust. Trusts are directed according to the Illinois Trust and Trustee Act (760 ILCS 5/11). One needn’t be wealthy to establish a trust, and trusts are generally created to ensure distribution, control, and (possible) tax advantages to both the Grantor and Beneficiaries.
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Not unlike a Birth Certificate, a Death Certificate functions to record the event. Was the day when death was recorded as simply as personal identification. This gave way to personal ID, and an Affidavit by witnesses, or writing the event in the family Bible. However, the Civil War and travel coupled with insurance led to the need for “certified” identification. Commercial demands were the birth of modern day embalming and “certified” death certificates. Today’s modern death certificate functions for the same, purpose, but it also includes use as a tool for genealogy, morbidity statistics, and location of final disposition. From a legal standpoint in Illinois, only a licensed funeral director may execute a death certificate. Once he completes it and presents it for declaration of cause of death by the doctor, coroner, or medical examiner, it is then certified by the County Registrar where the death took place. The funeral director then files the certificate and orders the appropriate number of certified copies (if any) needed by the family. The number of copies needed depends largely upon assets titled directly in the name of the deceased. These can include a car, home, stocks, bond, insurance, etc.
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First and foremost you have the Right to be Kept Informed. You have the right to be notified of the appointment of a Representative and whether she can act independently or with Court supervision. You have the Right to Your Own Attorney. The attorney who handles the estate is employed by the decedent’s representative. Once the representative is appointed (recognized by the court), you have a right to a copy of the will. Have her attorney forward you a copy. You have the Right to Petition the court. Under 755 ILCS 5/28-5, you have the right to ask the court to conduct a hearing on any matter that may be troubling you. You have the Right to a Copy of the Inventory (this may be requested from the estate’s representative). The decedent’s representative is entitled to a “reasonable fee.” You may request to know what this fee is (if any) from the representative, and what she expects to pay their attorney. If you believe these are unreasonable you have the right to negotiate a reduction, or petition the court to set fees. You have the Right to an Accounting. In some instances (where not specifically waived) you have the right to know how the value of the estate, the expenses and the amounts disbursed to the residuary beneficiaries. You also have a Right to the Decedent’s Tax Returns that the estate’s representative is obligated to file. These are your rights, and strictly enforced by you.
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Many funeral directors as part of their services package, notify the Social Security Administration of the death. You may check to see if this was completed, or take care of the notification yourself by calling (800) 772-1213. If the decedent was receiving checks from Social Security, then you need to determine whether his last check needs to be returned to the Administration. Each Social Security check is a payment for the prior month. If someone dies on the last day of the month, then you should not cash the check for that month. For example, if someone dies on July 31st, then you need to return the check for that the agency mails out in August. If however, the decedent died on August 1st then the check sent in August need not be returned because that check is payment for the month of July. If the Social Security check is electronically deposited into a bank account then notify the bank that the account holder died and notify the Social Security Administration as well. If the check needs to be returned, then the Social Security Administration will withdraw it electronically from the bank account. You will need to keep the account open until the funds are withdrawn. A one-time payment of $255.00 is payable to the surviving spouse if he or she was living with the beneficiary at the time of death, or if living apart, was eligible for Social Security benefits on the beneficiary’s earnings records for the month of death.
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This question is becoming a common one for the Advisement of Elderly, Disabled, and Needy Clients. Medical Assistance (Medicaid) and participation provided under the Illinois Department of Public Aid (IDPA), are both public benefit programs that are "needs" based. Both programs provide Medical and Living Assistance to persons who fall into specific categories (age, or disability) and who meet set standards. Not to be confused with Medicare, Medicaid eligibility is not related to a person’s insured status, under the Social Security Act., 42 U.S.C. Sec. 301, et seq. Not all nursing home participate in Medicaid or Public Aid programs. However, those that do, follow specific limitation criteria for the allowance or transfer of asset and regard some as "exempt." The IDPA will deny eligibility to, and impose transfer penalties upon any nursing home resident who transfers or whose spouse transfers any "homestead" for less than fair market value) during or after the 36-month period immediately before application. Of benefits. The number of months of ineligibility will then be determined by dividing the private-pay cost of the nursing home into the amount exempt assets. For further explanation you may contact the Bureau of Long Term Care at 217/782-0545, or contact an attorney, such as myself, that can advise you on Elder Care and Estate Planning. IDPA and Medicaid has become complex. There are many benefits to their services, however, If having problems understanding the myriad of rules and exceptions, consult a professional.
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Excellent question, worthy of much more discussion and space. A funeral director is given "custodial possession" a term of art giving rights for the act of disposition. Therefore, she has a legal duty to act as a "reasonable funeral director" would in the handling of the deceased, and all other aspects of care with the family. This duty of (professional) reasonable care also extends to her ability to determine "who"of disposition the next-of-kin may want. Illinois Rules of Descent and Distribution provide the logical order when deciding who has preference in making funeral arrangements. This preference actually may depend upon the responsible parties age, ability, location, and desire to complete the arrangements. Regardless, it is the funeral director’s duty to make this determination. Controversy arises when a client has made prearrangements and a reasonable family member disregards those wishes. The law is disparit in these situations, tending to view each case uniquely. For instance, if your mother had made specific arrangements to be cremated, but you, her only child with descendent authorization, make her arrangements and option for burial, the law is as likely (if your then sued by her estate) to regard your mother’s wishes as purely "aspirational" and find for the child because a person possesses no rights, once they have died. Alternatively, in as many cases, Illinois jurisdictions have found for the deceased’s estate reasoning that the deceased’s intentions were specific (ex: prepaid funeral), and that her strict intentions should have been followed. To best safeguard yourself, let you intentions be known by many, and make your plans, funeral or otherwise, definite.
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Yup! For you pet lovers: "A woman died at peace, leaving her fortune and care of her cat to her niece. Alas, the fortune and the cat soon disappeared after that." You can make provisions in your Will for the care of your pet, but the moral of the above limerick, is that leaving your money to someone to do the job may not best the best procedure. If you are serious about caring for your pet after your death, you can employ an attorney to set up a separate trust for the care of your pet, or you can have the attorney include a trust provision in your Will. The trust document will direct the trustee to pay sufficient monies to a custodian for the care of the pet. You also need to name a beneficiary (a person or charitable organization) to receive whatever may remain in the trust after the pet dies. If you intend the trustee to also serve as custodian of the pet, then you can ask the beneficiary to regularly check on the pet to see to it that the pet is treated humanely, if not benevolently. If you don’t have the resources for this type of arrangement, other good plans might include asking a fellow pet lover to care for your pet, or possibly a family member. Another good resource might include asking your veterinarian. In any case, I find it preferable to the "all too common" practice of having the animal euthanized rather than suffer the loss of its master.
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Not simply reserved for minors, guardianship is key element in Elder and Estate Planning. Guardianship is designed to protect and promote the well being of those whose functional limitations prevent them from making their own decisions. Adult guardianship is a relationship between a Court appointed individual and the "incapacitated" individual (the "ward"). Incapacitation is defined as dementia, brain injury, stroke, or chronic mental illness. The "ward" must be "substantially" unable to provide for his or her physical, emotional, residential, and medical needs. The legal standard is whether a person is able to make an "informed decision". A guardian is given the right to make decisions in the best interest on behalf of the disabled ward. Because guardianship involves questions of deprivation of personal liberty the law approves guardianships only when other less restrictive alternatives have proven ineffective. A guardian’s authority is limited to only those areas where there is evidence to indicate that a person is legally incapacitated. Areas where a ward may make informed decisions may not fall under the purview of the guardian. A guardian’s responsibility may extend to both person and estate. Every guardianship is viewed as unique. Guardianships can be requested by anyone interested in the ward’s well being.
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If a decedent died because of a criminal act, and you are a family member, then you may be eligible to receive compensation under the ILLINOIS CRIME VICTIMS COMPENSATION ACT (740 ILCS 45). The state provides compensation for reasonable funeral expenses (up to $3,000) and / or medical expenses. Total compensation may not exceed $25,000. To be eligible the following must be true:
* The decedent was an Illinois resident.
* The decedent was an innocent victim (i.e., did not do anything wrong).
* The crime was reported to authorities within 72 hours of its commission or discovery of the body.
* There was full cooperation with law enforcement officers by the victim and/or his family.
* Application for compensation was filed within one year from the injury or death.
* There are no other resources, such as health or life insurance, available to cover medical or burial costs.
For more information please contact:
(800) 228-3368 or write to:
Crime Victims Compensation Act
100 West Randolph Street
Chicago, IL 60601
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Discussed in article six of these installments, it’s worth second look. Powers of Attorney (P.O.A’s) are statutory powers granted and executed by the principal. A property owner (the principal) may appoint an agent who can act for her in whatever matters are delegated. These powers can be broad, narrow as required. Commonly, these limited P.O.A’s are used in Real Estate closing transactions, and among check writing and administrative functions for the elderly. A Health Care P.O.A. allows the appointed agent to make health care decisions on behalf of the principal. Illinois law permits the delegation of either the right to accept or refuse medical treatment as the principal/agent deems fit. Also, both P.O.A’s may be used to appointment successor agents, and nominate guardians. A P.O.A. allows the agent to do anything that a principal COULD do. Death automatically cancels a P.O.A., so it is no substitute for a Will or pre-arranged funeral arrangements. Illinois has adopted P.O.A’s that can may be made DURABLE. This act allows the appointment of an agent (or successor) and can be conditioned upon the principal’s incapacity. These powers survive the principal’s disability.
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Is your Life Insurance Term or Whole Life? Term insurance has no "cash value" as well as some other plans such as Railroad Retirement and Teacher’s Retirement Insurance. The State (the Providers of Public Aid) deem this type of insurance as an "available resource" and will not demand a spend-down, or payback, of the asset in order to qualify for the benefit. However, if your insurance is of Whole Life type (having a cash value), then the policy may have to be cashed-out and those proceeds placed into a funeral trust. In the alternative you may request that an irrevocable (absolute) assignment be made on the policy making the funeral home the beneficiary, this will have the same effect so that your assets can be used for your pre-arranged funeral benefit. Some insurance companies will not accept these irrevocable assignments and choose to interpret the law as finding them to be collateral assignments. To date, this has not been challenged in the Illinois Courts, but these irrevocable trusts are acceptable to the State of Illinois. The only issue you will encounter is that all though your insurance will not prevent you from accepting your PA benefit from nursing home care, the funds will disallow a corresponding Public Aid Burial benefit. But, if you’re lucky enough to have sufficient life insurance to cover your funeral, then the PA burial Benefit of $1,000 is of no consequence.
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It’s never too late, as the old adage goes. However, are you a "healthy" 85 or 85 "with issues." Also, what is your financial status, and what is your purpose for the Trust? If your purpose is to shelter or gift your estate to your family, but you anticipate or are experiencing health problems, then any attempt to "gift" your estate to your family may be in vain. Medicaid provides medical assistance, as well as nursing home care, but only after the potential recipients assets have been exhausted (with some allowed exceptions). Attempts to shelter assets via Trusts, Insurance, Annuities (personal or commercial), outright gifts, incorporation, Life Estates, etc., are regulated by a "36 month" (some cases 60 month) look-back to ensure that a persons funds are being used for their care. The presumption that Medicaid makes is that any planning inside 36-months (or 60 in some cases) are deliberate attempts to avoid the financial responsibilities of our health care. Beyond this 36-month "look back" it may be regarded as what it is -- good planning. Where the dilemma lies is that, we, the many of few resources, are either financially, psychologically (or both), unwilling to relinquish control of our hard-earned assets any sooner than we may have to. To wit, we delay estate planning to the point where it either unduly costs us, or our estate, or expense and taxes. Even though it is never too late to consider your estate options, remember the sooner you contemplate and act upon such plans the greater your options may be. Many people have the mistaken belief that they are not wealthy enough to consider such planning. Invest the time, talk to a professional.
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It is. Please read the following: each state is in charge of the method in which property located in that state is transferred. If you own property in another state (or country) then you need to consult with an attorney in that jurisdiction to determine how that property will be transferred to your beneficiaries once you die. Most state laws are similar to Illinois, namely, property held as Joint Tenants with Rights of Survivorship or a Life Estate Interest goes to your beneficiary without the need for probate. If you own property in another state in your name only, or as a Tenants in Common, or if you hold property jointly with your spouse in a community property state, then a probate procedure will need to be held in that state. If it is necessary for your heirs to have probate procedure in Illinois, then they will need an ancillary procedure in the state in which the property is located. This may have the effect of doubling the cost of probate to your estate. Another problem is the matter of taxes. Illinois Estate taxes are tied to the Federal Estate tax. If your estate is too small to pay Federal Estate taxes then you pay no Illinois Estate Tax. This may not be the case with other states, so in addition to paying extra for the second probate procedure, your heirs may be compelled to pay inheritance taxes in the state where the property is located. In such cases, you may wish to consult with an attorney for suggestions about how to set up your estate plan to avoid these problems.
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Before the early 1900’s when married women had few rights to own property or contract without their husband’s permission, the answer was a resounding "no." However, women’s rights repealed the Doctrine of Necessaries and the question of whether "spouses should have joint responsibility for their separate debts, since a wife could own property and contract to pay for her own necessaries changes the face of responsibility. But, in Illinois the answer is a clear maybe. The Il. Rights of Married Persons Act states: Neither husband or wife shall be liable for the debts or liabilities of the other incurred before marriage, and (except as herein provided) they shall not be liable for the separate debts of each other . . " This exception leaves the door open for special inclusions. "Payments agreed to in writing will obligate a spouse of the decedent" (750 ILCS 65 / 15(a)2(A), but the in the context of services ordered by the other spouse or for the health, welfare, and well being, of the other spouse, such as nursing care, family expense, hospital, funeral, and legal fees must be paid by the surviving spouse. So, in essence, at least part of the Doctrine of Necessaries remains in effect to this day, at least in Illinois. Therefore, even though you may not be liable for your spouses personal contracts, you are liable for his "necessaries." From the facts you’ve detailed, I would say you are obligated.
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Under 755 ILCS 5/18-1.1 you may be entitled to as much as $100,000 if the decedent was 100% disabled and correspondingly $75,000 if 75% disabled and so forth. If during the last three years of his life, the decedent was disabled, and needed to be cared for then the caretaker may be eligible to be paid for his/her efforts. The probate court will determine the actual amount to be paid. The court will examine issues such as the caretaker’s lost employment opportunities, lost life-style, opportunities and emotional distress suffered as a result of caring for the disabled family member. The court will base the custodial award on the nature and extent of the disability. The amount of the award as a custodial claim comes directly off the top of the decedent’s estate. If there are creditors or other people who will not receive anything due to your custodial claim, you can probable expect a court battle If the decedent died testate it will be the estate’s representative to see that the decedent’s Will is administered according to how the decedent wrote his Will. A custodial claim must be made in writing and filed with the court in a timely manner. Therefore, if you believe you have a claim you should employ an attorney as soon after the death as possible. If the decedent died with few or no assets then, of course, there is nothing for you to claim or recover except societies gratitude, and grateful thanks for your humanitarian efforts.
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"Can be done" and "Should be done" are distinct questions. Yes, assuming that we are talking about real estate, your father can simply sign, or "Quit Claim" a Deed transferring the property to you. (This assumes that your father owns the property himself, outright, which you will want to make certain of.) However, such a transfer may not be financially wise. If the property has risen in value since your father acquired it, it might be better from an economic standpoint to leave it to you at his death instead of transferring it while he is alive. The reason is something called tax basis of the property -- that is, the value from which taxable profit is calculated when it is sold. When property is quitclaimed to you, your tax basis is the amount your father paid for it. If you later sell the property, you would have to pay tax on all of the profit that exceeds his purchase price. However, if your father leaves the property to you when he dies, your "basis" for the tax calculation is the property’s value at your father’s death. That’s likely to result in much lower tax responsibility if you decide to sell.
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No. Nothing in the Health Insurance Portability and Accountability Act (HIPAA) changes the way in which an individual grants another person Health Care POA. The intent of the change was to complement, not interfere with the current practice of naming an agent to make important health care decisions for the person they are named to represent. HIPAA is about privacy. In a nutshell, it primarily governs when and how health care providers may disclose a patient’s health information. POA’s are formal, legal designations which give others the ability to exercise the rights of, or make treatment decisions related to an individual. The Privacy Rule provisions regarding personal representatives generally grant persons, who have authority to make health care decisions for an individual under the law, the ability to exercise the rights of that individual with respect to health information. An individual that has been granted a health care POA will also have the right to access the medical records of the individual related to such representation to the extent permitted by the HIPAA Privacy Rule at 45 CFR 164.524.
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Many. Primarily it's intended to save time & money. Like any advanced planning it functions to allow the purchaser & beneficiary the ability to make clear, qualitative decisions. Generally, the death of a loved one means the immediate answers to dozens of lasting and irreversible consequence. Under stress, it's easy to see how those could be answered unwisely, costing you needlessly or at worse, not giving you and your family the quality service you deserve. Many plans allow you to pay for a funeral service incrementally or in to guaranteeing tomorrows funeral at today's prices. Plans can be insured or place funds in trust, survive changes in ownership, etc., all good plans allow for changes and even dissolution. Almost all funeral homes recognize and incorporate some type of funeral pre-arrangement/funding in their service plans. Call your funeral director they will be pleased to discuss it.
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Most funeral homes are prepared to handle all of the details related to disposition of human remains. These include: (1) Collecting ("removing") the body from the place of death. This is most commonly a hospital bed or morgue, nursing home, or at home when a person has died with hospice care. (2) Storing the body until it can be buried, cremated or donated (a funeral director is a legal custodian, and as such, is held to a higher standard of care for this storage). (3) Making funeral arrangements with the legal next of kin, or their agent, and contacting the cemetery (crematory or facility for donation) for final disposition. (4) Preparing the body for disposition (this may include embalming, dressing and cosmetizing, or a combination, in preparation for a visitation, shipping and a funeral). (5) Transporting the remains for burial (cremation, or donation). (6) Securing, executing, and filing of the Death Certificate and Burial / Transit Permit. (7) Filling and filing of any benefits and payments on behalf of the deceased and beneficiaries. This is just a short list of what a funeral director may be responsible for, and remember this is accomplished in a relatively short period of time. However, if you find this confusing, call a funeral director; they will be happy to make an appointment and explain these processes in detail. If you wish, arrangements can be made and even paid for in advance, relieving you of confusion and possibly saving you money at future need.
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Was this arrangement made before or after the dissolution of your marriage? And, are you re-married? Dissolution of Marriage revokes all interest and aspects of appointments executed while married. Therefore, if you are re-married, definitely not, the Illinois Courts would treat the function of those documents as if your spouse had predeceased you. If these appointments and directives were arranged after the dissolution of marriage -- possibly. Under the Illinois Probate Act, 755ILCS 5/4-7 the effect is the same as if the former spouse had died before the testator (you) and a successor executor would be appointed (usually provided for within the documents. Clearly, you’re able to envision the conflict that might arise if the law did not include this failsafe provision. Often people are dilatory in amending their estate plans. However, even if allowed to stand, both the duties of an executor and P.O.A. as such have a fiduciary duty to carry out the testator’s "written" wishes, a violation of which would have serious consequences. Your best approach is to review all of your estate documents at least every ten years of your life, or when significant changes occur, such as divorce, re-marriage, and death of a spouse. Although the law is clear on these situations, thorough review of your new social and financial position would be in order. However, your choice of appointments after a dissolution is up to the maker.
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In short, no. However, read on. Under 225 ILCS 41 Sec. 1-10 embalming is defined as “the means of processing and sanitizing a deceased in order to reduce the presence of microorganisms, to retard decomposition, and render for safe handling while retaining the naturalness and restored physical appearance for funeral viewing purposes.” Embalming may be required if the deceased has died from
certain types of contagion, where remains are transported via common carrier, or transportation to states that specifically require it under similar circumstances, and when exercising due diligence because of family member contact. A funeral home may require it if there is protracted viewing or formal visitation, but a funeral director may not require it or refuse family members to ability to see the deceased based solely upon their election not to embalm. It‘s often best to defer to the discretion of the funeral professional, however, bear in mind, where not wanted or needed, you should not have to pay for it.
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Businesses adhere to “GAP” Generally Accepted (accounting) Principles. Therefore, all categorized businesses reflect an average R.O.I (return on investment). This R.O.I. can be calculated though the businesses’ overall expenses and revenues. A particular funeral home’s service charge is based upon a proportionate share of general costs, such as, the mortgage, advertising et al., and the predetermined R.O.I (the amount the business owner has targeted as her profit). Nationally, for small businesses this averages between 7 and 14%. Additionally, operating expenses are then added; utilities, personnel etc. Then you add any merchandise (casket, vault), plus their mark-up, and any additional costs specific to the current client. This is a very general explanation, of which volumes have been written and many an MBA granted. Suffice it to say, to remain competitive, small businesses, funeral homes no exception, must continually strive to provide quality, low cost service to all those in need. Most people agree that businesses are entitled to reasonable profit. All reputable businesses are willing to discuss their formulas for operation. In short, revenues (-) expenses (-) taxes = profit (or loss). Thanks!
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If I understand your question, “Does cremation present different memorialization options?” – yes. The philosophy of cremation is nothing new, and for some it may offer lowered overall burial expense simply due to the exclusion of a grave space and certain funeral merchandise, if cost happens to be your primary concern. However, in any case, it does not have to mean the absence of a visitation, funeral service, or final committal of the “cremains” (ashes). Often we need to take into consideration the thoughts and feelings of other family members and friends because some of these services may be expected. However, cremation for some may be as simple and efficient as a “direct” cremation (strict removal to the point of final disposition without any further detail), or cremation can include preparation, visitation, and a funeral service with the deceased present, and cremation following the services. These arrangements are sometimes modified to include cremation followed by a memorial service at the location of one’s choice. Funeral choices of any type, while very personal, may be better adapted after closely discussing your feelings with family members and friends. Cremation is a philosophy. You can be as creative (or not), just as you might wish to be with a full, “traditional” type funeral. What ever your ultimate selection, a funeral professional can assist you with your options.
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Powers of Attorney (P.O.A’s) are of basically two species; P.O.A for Health Care and P.O.A for Property. These powers, given by the grantor to an individual (generally recognized as a fiduciary, and someone highly trusted by the grantor, i.e., close relative, or friend), and are used in anticipation of future or impending permanent or temporary loss of decision making capacity. The P.O.A or Attorney-in-Factum “steps into the shoes” and acts for the grantor where they are unable. These powers, may be limited to certain events, occurrences, and time, or may be limitless in nature. As there titles indicate, a Health Care P.O.A functions to allow medical decisions including, but not limited to “extraordinary care” such as feeding tubes, respirators and all means necessary to sustain (or NOT) life under the circumstances. Caution: these are only as good as they are known by health care administrators, and may need to be published and kept on the person. P.O.A’s for property give the grantor the ability to have their elected Attorney-in-Fact direct payments, transfer funds, sell assets, and even bring a law suit in the grantor’s name, when they themselves are incapacitated. These “powers” are most often used for less dramatic functions such as check writing, banking, and as a general signatory. These can be invaluable tools in estate and future planning. These do not function as, or are meant to give carte blanche authority in any other legal areas or capacities such as funeral arrangements or probate administration.
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Not necessarily in the sense of direct affiliation. However, we are related through common purpose, in that, we both serve the living during the advent and final loss of a loved one. More and more, Hospice Societies and funeral professionals are working closer together to provide a more coordinated preneed, at-need, and aftercare service for both the terminally ill and the survivors. Hospice and Home Care assists families through the transition from diagnosis through death and the myriad of family care that demands attention, demands that would overwhelm even the strongest, closest, and most responsive of families. Made up of health care professionals, funeral directors, clergy, administrators, and trained volunteers from all walks of life, these organizations are generous in the provision of their vital service. Much of the service they provide is through donation, and any little bit is helpful. In our area we are blessed to be served by Provena Home Care & Hospice (847) 931-5553, and Fox Valley Hospice (630) 232-2233, as well as many fine others. Feel free to contact them for your needs and questions. They will gladly answer your specific questions. Your local funeral director stands ready to assist you through the funeral process, and can be helpful in recommending aftercare.
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You bet! Not only are they amendable or changeable, but they are transferable and in most cases revocable. A funeral, or prearranged funeral, like any other sale for services and merchandise is a simple contract, the breach of which may involve liquidated damages. For instance, if you contract with a funeral home to prearrange and even prepay a funeral, then let’s say you move or simply change your mind about either the services or the selected funeral home or both, you may, at any time, amend, change, switch, or even cancel your "plans." Be mindful, your specific contract may obligate you to "administrative fees" sometimes collected in the form of the interest on the original prearrangement balance. These are essentially the "liquated damages" I was speaking of. Realize though, that if this prearrangement/prepayment is subject to, or made under the regulations of medicade or public aid then there exists salient reasons for it to be irrevocable. However, this would have been explained to you at the time the prearrangements were made. In regards to an actual funeral situation itself, a person always has the right to change their mind at use other facilities or change their type of service. But, it’s important to remember that the original funeral director that provided some of the services would be due her reasonable charges for their services and merchandise up to the point where you changed your mind. Most funeral directors would rather waive "fees," personally arbitrate, or allow a family to leave on good terms, than to risk ill will with his client and community.
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Excellent question, worthy of much more discussion and space. A funeral director is given "custodial possession" a term of art giving rights for the act of disposition. Therefore, she has a legal duty to act as a "reasonable funeral director" would in the handling of the deceased, and all other aspects of care with the family. This duty of (professional) reasonable care also extends to her ability to determine "who"of disposition the next-of-kin may want. Illinois Rules of Descent and Distribution provide the logical order when deciding who has preference in making funeral arrangements. This preference actually may depend upon the responsible parties age, ability, location, and desire to complete the arrangements. Regardless, it is the funeral director’s duty to make this determination. Controversy arises when a client has made prearrangements and a reasonable family member disregards those wishes. The law is disparit in these situations, tending to view each case uniquely. For instance, if your mother had made specific arrangements to be cremated, but you, her only child with descendent authorization, make her arrangements and option for burial, the law is as likely (if your then sued by her estate) to regard your mother’s wishes as purely "aspirational" and find for the child because a person possesses no rights, once they have died. Alternatively, in as many cases, Illinois jurisdictions have found for the deceased’s estate reasoning that the deceased’s intentions were specific (ex: prepaid funeral), and that her strict intentions should have been followed. To best safeguard yourself, let you intentions be known by many, and make your plans, funeral or otherwise, definite.
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Cash is always king, and most retailers, funeral homes no exception, may offer generous discounts for cash payment prior to the time of service. However, for those of us who are not as fortunate to have large amounts of cash readily available, many funeral homes accept credit cards. Most credit card companies, by the way, are willing to extend the credit card holder’s credit limit in light of such exigent circumstances as a death. Funeral homes, much like other businesses, will accept checks and may immediately verify their fundability through notification of the payor’s bank. Some funeral directors are willing to accept Insurance Policy assignments where the policy, amount, and beneficiary can be verified. Today’s Insurance Companies have streamlined payouts so that the funeral director waits only days instead of weeks (or months) for payment.
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If the decedent signed a donor card indicating his wish to use his body for any purpose and he is not a candidate for an organ donation, then you can offer to release the body to the following institutions to be used for education or research:
Anatomical Gift Association of Illinois
2240 West Fillmore Street
Chicago, IL 60612
(312) 733-5283
Southern Illinois University
School of Medicine
Department of Anatomy
Carbondale, IL 62901
(618) 536-5511
You should call the institution to determine whether they will accept the body, and what their particular procedures are. Generally, they will not accept bodies from those who have died from a contagious disease or from crushing injuries. A body may not be sold for this purpose, but if they ultimately accept the donation, you are then responsible for transportation, professional, and filing fees from the funeral home. Realize that your body has certain commercial value once prepared for its purpose and it is then sold. It may take 18 months to 2 years to complete the study. Once the project is complete the remains are cremated and the cremains are returned to the family, or if the family wishes, the institution will arrange for their burial. For more information regarding body donation, handling, storage, and use of the remains, call your funeral director or the aforementioned institutions.
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It depends on how you define savings; if savings is measured solely upon dollars spent, then possibly so, if savings is to be measured by expertise, quality, and piece-of-mind, possibly not. However, knowledge is power, and truly informed consumers always make wise purchases. Buying funeral merchandise outside the prevue of funeral homes is nothing new. People have long been able to buy caskets on the internet, from Tapist Monks, and even the Amish, and cabinet makers. What seems unreasonable to me is that the few extra hundred dollars over one lifetime a person might demand on such a highly personalized item pales in comparison to the billions we eagerly spend on alcohol, cigarettes, lottery tickets, It’s simply human nature. Commercialism seems to set our standards. We all delight in the feeling of saving a dollar, and believing we got a bargain, where and how you make a purchase is a objective choice. It all has to do with your values. If you are able to reconcile your choice based upon objectivity then shouldn’t we all thankful we live in a society that promotes it. However, for my money, I spend it where I can trust, professionals that are trained in what they do, and care about the purchaser. Of course, my opinion is obviously biased. I’ll leave the mega retailers to what they do best, selling cases of paper towel and macaroni and cheese. However, you be your own judge--compare.
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Yes, many do, or can. Some funeral homes historically were in the "marker" business generations ago, but currently, its more likely than not, that they are separate enterprises, but you would be correct in your thinking that funeral homes are a logical place to bring your inquiries. Many funeral homes act as Independent Contractors to execute the sale through a local monument company whereby the funeral home may either be paid a commission on the sale, or simply monitor the sale at no cost for the benefit of their clients. Some funeral homes may choose not to become involved in the sale at all, but most certainly can direct their clients to reputable artisans. Keep in mind, the material, shape and size of your particular maker or monument may be regulated by the cemetery. Many "memorial parks" may only allow "flush" markers in all or certain sections of the cemetery. Other cemeteries may contain regulations on size or even standardize what they believe is appropriate in wording or symbolic appearance of the markers. Also, be mindful, marker pricing, like any other purchase, can vary widely. And, not only must one be concerned with the price of the marker, but there may well be an installation, setting, lettering, foundation, and permit fees to be concerned with, and state tax.
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It has long been a requirement of most cemeteries that obligate you to purchase a burial vault, or some type of grave box or liner. The reasons for their requirement are manifold, the least of which is esthetics. Due to modern day use of heavy equipment upon the cemetery grounds, and across the graves themselves, a sturdy burial vault (container for the casket) acts to defer soil displacement, and greatly compensates for natural ground sink that happens when any a volume of soil is removed and placed back in the same area. Here in the Midwest, we are prone to seasonal water tables. This variability can send less heavy items (like caskets) protruding out of the ground. Granted, this doesn’t happen often, but it did just that a few years ago with spring time flooding along the Mississippi river and among some very old cemeteries. There remain some private and church owned cemeteries that do not require vaults, etc., but they are the exception, not the rule. If it is cost you are concerned with, your funeral director offers a wide range burial vaults and grave liners and will be happy to answer all your questions regarding type, construction, strength, durability, options, guarantee, and yes, even esthetics. From simple to elaborate, the median priced vault reflects only about 15% of the funeral’s total cost.
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Like all social skills "funeral decorum" is often refined through experience, but neither let that be your barometer for attendance, or ever expect that it will truly become "easier"time. One good rule of thumb, be yourself. Don’t set the expectation that you alone will ease a friend’s sorrow, resolve their grief, or say something prophetic. Just by attending you’re showing your support, friendship, and love in a very unique and personal manner. Many people suffer from the "I don’t know what to say" they may say the "wrong" thing or that by simply saying they are "sorry for their loss" that they risk sounding
cliché (which is never the case). Others suffer the fear of entering funeral homes (for any reason), let alone viewing the deceased. Still many have the fear of becoming "tongue-tied," forgetting names, or becoming "too" emotional. These are all natural responses, and we’ve all been there, yes, even funeral directors. However, "grief shared is often grief spared," and by giving a friend or family member a little of your greatest gift (time and understanding), goes a long way in curing both their loss, and your discomfort. If you were simply attending for the sake of the deceased, the funeral would hardly be necessary. Go with the understanding that both you and the bereaved stand much to gain, and nothing to lose.
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Many. Primarily it's intended to save time & money. Like any advanced planning it functions to allow the purchaser & beneficiary the ability to make clear, qualitative decisions. Generally, the death of a loved one means the immediate answers to dozens of lasting and irreversible consequence. Under stress, it's easy to see how those could be answered unwisely, costing you needlessly or at worse, not giving you and your family the quality service you deserve. Many plans allow you to pay for a funeral service incrementally or in to guaranteeing tomorrows funeral at today's prices. Plans can be insured or place funds in trust, survive changes in ownership, etc., all good plans allow for changes and even dissolution. Almost all funeral homes recognize and incorporate some type of funeral pre-arrangement/funding in their service plans. Call your funeral director they will be pleased to discuss it.
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Most funeral homes are prepared to handle all of the details related to disposition of human remains. These include: (1) Collecting ("removing") the body from the place of death. This is most commonly a hospital bed or morgue, nursing home, or at home when a person has died with hospice care. (2) Storing the body until it can be buried, cremated or donated (a funeral director is a legal custodian, and as such, is held to a higher standard of care for this storage). (3) Making funeral arrangements with the legal next of kin, or their agent, and contacting the cemetery (crematory or facility for donation) for final disposition. (4) Preparing the body for disposition (this may include embalming, dressing and cosmetizing, or a combination, in preparation for a visitation, shipping and a funeral). (5) Transporting the remains for burial (cremation, or donation). (6) Securing, executing, and filing of the Death Certificate and Burial / Transit Permit. (7) Filling and filing of any benefits and payments on behalf of the deceased and beneficiaries. This is just a short list of what a funeral director may be responsible for, and remember this is accomplished in a relatively short period of time. However, if you find this confusing, call a funeral director; they will be happy to make an appointment and explain these processes in detail. If you wish, arrangements can be made and even paid for in advance, relieving you of confusion and possibly saving you money at future need.
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Powers of Attorney (P.O.A’s) are of basically two species; P.O.A for Health Care and P.O.A for Property. These powers, given by the grantor to an individual (generally recognized as a fiduciary, and someone highly trusted by the grantor, i.e., close relative, or friend), and are used in anticipation of future or impending permanent or temporary loss of decision making capacity. The P.O.A or Attorney-in-Factum “steps into the shoes” and acts for the grantor where they are unable. These powers, may be limited to certain events, occurrences, and time, or may be limitless in nature. As there titles indicate, a Health Care P.O.A functions to allow medical decisions including, but not limited to “extraordinary care” such as feeding tubes, respirators and all means necessary to sustain (or NOT) life under the circumstances. Caution: these are only as good as they are known by health care administrators, and may need to be published and kept on the person. P.O.A’s for property give the grantor the ability to have their elected Attorney-in-Fact direct payments, transfer funds, sell assets, and even bring a law suit in the grantor’s name, when they themselves are incapacitated. These “powers” are most often used for less dramatic functions such as check writing, banking, and as a general signatory. These can be invaluable tools in estate and future planning. These do not function as, or are meant to give carte blanche authority in any other legal areas or capacities such as funeral arrangements or probate administration.
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Not necessarily in the sense of direct affiliation. However, we are related through common purpose, in that, we both serve the living during the advent and final loss of a loved one. More and more, Hospice Societies and funeral professionals are working closer together to provide a more coordinated preneed, at-need, and aftercare service for both the terminally ill and the survivors. Hospice and Home Care assists families through the transition from diagnosis through death and the myriad of family care that demands attention, demands that would overwhelm even the strongest, closest, and most responsive of families. Made up of health care professionals, funeral directors, clergy, administrators, and trained volunteers from all walks of life, these organizations are generous in the provision of their vital service. Much of the service they provide is through donation, and any little bit is helpful. In our area we are blessed to be served by Provena Home Care & Hospice (847) 931-5553, and Fox Valley Hospice (630) 232-2233, as well as many fine others. Feel free to contact them for your needs and questions. They will gladly answer your specific questions. Your local funeral director stands ready to assist you through the funeral process, and can be helpful in recommending aftercare.
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Not the easiest thing to do in such a small column, However, combined with the information I am sending you, this should be a good start. A trust agreement is a document in which someone (the Grantor or Trustor) creates a trust and appoints a trustee to manage property placed into the trust. The usual purpose of the trust is to benefit persons or charities named by the Grantor as beneficiaries of the trust. A trustee is a person, or institution, who accepts the duty of caring for property for the benefit of another. The Trustor is the creator of a trust. If a decedent was a Grantor (or Settlor) of a trust, then he was probably managing the trust, as Trustee, during his lifetime. The document should name someone as Successor Trustee to manage the trust now that the Grantor is deceased. The trust document may instruct the Successor Trustee to make certain gifts once the Grantor dies, or perhaps hold money in trust for a beneficiary of the trust. Trusts are directed according to the Illinois Trust and Trustee Act (760 ILCS 5/11). One needn’t be wealthy to establish a trust, and trusts are generally created to ensure distribution, control, and (possible) tax advantages to both the Grantor and Beneficiaries.
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Not unlike a Birth Certificate, a Death Certificate functions to record the event. Was the day when death was recorded as simply as personal identification. This gave way to personal ID, and an Affidavit by witnesses, or writing the event in the family Bible. However, the Civil War and travel coupled with insurance led to the need for “certified” identification. Commercial demands were the birth of modern day embalming and “certified” death certificates. Today’s modern death certificate functions for the same, purpose, but it also includes use as a tool for genealogy, morbidity statistics, and location of final disposition. From a legal standpoint in Illinois, only a licensed funeral director may execute a death certificate. Once he completes it and presents it for declaration of cause of death by the doctor, coroner, or medical examiner, it is then certified by the County Registrar where the death took place. The funeral director then files the certificate and orders the appropriate number of certified copies (if any) needed by the family. The number of copies needed depends largely upon assets titled directly in the name of the deceased. These can include a car, home, stocks, bond, insurance, etc.
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This question is becoming a common one for the Advisement of Elderly, Disabled, and Needy Clients. Medical Assistance (Medicaid) and participation provided under the Illinois Department of Public Aid (IDPA), are both public benefit programs that are "needs" based. Both programs provide Medical and Living Assistance to persons who fall into specific categories (age, or disability) and who meet set standards. Not to be confused with Medicare, Medicaid eligibility is not related to a person’s insured status, under the Social Security Act., 42 U.S.C. Sec. 301, et seq. Not all nursing home participate in Medicaid or Public Aid programs. However, those that do, follow specific limitation criteria for the allowance or transfer of asset and regard some as "exempt." The IDPA will deny eligibility to, and impose transfer penalties upon any nursing home resident who transfers or whose spouse transfers any "homestead" for less than fair market value) during or after the 36-month period immediately before application. Of benefits. The number of months of ineligibility will then be determined by dividing the private-pay cost of the nursing home into the amount exempt assets. For further explanation you may contact the Bureau of Long Term Care at 217/782-0545, or contact an attorney, such as myself, that can advise you on Elder Care and Estate Planning. IDPA and Medicaid has become complex. There are many benefits to their services, however, If having problems understanding the myriad of rules and exceptions, consult a professional.
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Cash is always king, and most retailers, funeral homes no exception, may offer generous discounts for cash payment prior to the time of service. However, for those of us who are not as fortunate to have large amounts of cash readily available, many funeral homes accept credit cards. Most credit card companies, by the way, are willing to extend the credit card holder’s credit limit in light of such exigent circumstances as a death. Funeral homes, much like other businesses, will accept checks and may immediately verify their fundability through notification of the payor’s bank. Some funeral directors are willing to accept Insurance Policy assignments where the policy, amount, and beneficiary can be verified. Today’s Insurance Companies have streamlined payouts so that the funeral director waits only days instead of weeks (or months) for payment.
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If a decedent died because of a criminal act, and you are a family member, then you may be eligible to receive compensation under the ILLINOIS CRIME VICTIMS COMPENSATION ACT (740 ILCS 45). The state provides compensation for reasonable funeral expenses (up to $3,000) and / or medical expenses. Total compensation may not exceed $25,000. To be eligible the following must be true:
* The decedent was an Illinois resident.
* The decedent was an innocent victim (i.e., did not do anything wrong).
* The crime was reported to authorities within 72 hours of its commission or discovery of the body.
* There was full cooperation with law enforcement officers by the victim and/or his family.
* Application for compensation was filed within one year from the injury or death.
* There are no other resources, such as health or life insurance, available to cover medical or burial costs.
For more information please contact:
(800) 228-3368 or write to:
Crime Victims Compensation Act
100 West Randolph Street
Chicago, IL 60601
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If the decedent signed a donor card indicating his wish to use his body for any purpose and he is not a candidate for an organ donation, then you can offer to release the body to the following institutions to be used for education or research:
Anatomical Gift Association of Illinois
2240 West Fillmore Street
Chicago, IL 60612
(312) 733-5283
Southern Illinois University
School of Medicine
Department of Anatomy
Carbondale, IL 62901
(618) 536-5511
You should call the institution to determine whether they will accept the body, and what their particular procedures are. Generally, they will not accept bodies from those who have died from a contagious disease or from crushing injuries. A body may not be sold for this purpose, but if they ultimately accept the donation, you are then responsible for transportation, professional, and filing fees from the funeral home. Realize that your body has certain commercial value once prepared for its purpose and it is then sold. It may take 18 months to 2 years to complete the study. Once the project is complete the remains are cremated and the cremains are returned to the family, or if the family wishes, the institution will arrange for their burial. For more information regarding body donation, handling, storage, and use of the remains, call your funeral director or the aforementioned institutions.
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Is your Life Insurance Term or Whole Life? Term insurance has no "cash value" as well as some other plans such as Railroad Retirement and Teacher’s Retirement Insurance. The State (the Providers of Public Aid) deem this type of insurance as an "available resource" and will not demand a spend-down, or payback, of the asset in order to qualify for the benefit. However, if your insurance is of Whole Life type (having a cash value), then the policy may have to be cashed-out and those proceeds placed into a funeral trust. In the alternative you may request that an irrevocable (absolute) assignment be made on the policy making the funeral home the beneficiary, this will have the same effect so that your assets can be used for your pre-arranged funeral benefit. Some insurance companies will not accept these irrevocable assignments and choose to interpret the law as finding them to be collateral assignments. To date, this has not been challenged in the Illinois Courts, but these irrevocable trusts are acceptable to the State of Illinois. The only issue you will encounter is that all though your insurance will not prevent you from accepting your PA benefit from nursing home care, the funds will disallow a corresponding Public Aid Burial benefit. But, if you’re lucky enough to have sufficient life insurance to cover your funeral, then the PA burial Benefit of $1,000 is of no consequence.
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Like any other endeavor, the main ingredient is desire. In Illinois, admission requirements to an approved Mortuary School or program include thirty semester hours of college that constitute a minimum of twenty hours of liberal arts and/or sciences, and a maximum of ten hours of electives. Then the student must complete a rigorous twelve-month course in Mortuary Science at a mortuary college. Mortuary Science courses include Microbiology, Pathology, Restorative Art, Business Management, Law, Embalming (including practicum), and many more. Recognized mortuary programs also include strict attendance requirements. Following successful completion of the course and all requirements, each candidate must complete a one year apprenticeship during which twenty-four case reports including documented experience in all phases of mortuary business must be submitted to the Department of Professional Regulation for approval.. Upon completion of the case reports and examination passage of the Conference of Funeral Service Boards are completed the apprentice becomes a fully licensed funeral director / embalmer. The following are only two options that exist in Illinois to obtain a certificate in Mortuary Science. For more information please contact the following or consulate a directory:
Worsham College of Mortuary Science, 495 Northgate Parkway, Wheeling, IL 60090 (847) 808-8444
Malcom X College - Mortuary Science Program, 1900 West Van Buren Street, Chicago, IL 60612 (312) 850-7214
Bear-in-mind, the practice as a licensed funeral director/embalmer is akin to a "calling" and has little in common with the funeral practice we’ve been seeing recently on T.V.
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Most funeral homes are prepared to handle all of the details related to disposition of human remains. These include: (1) Collecting ("removing") the body from the place of death. This is most commonly a hospital bed or morgue, nursing home, or at home when a person has died with hospice care. (2) Storing the body until it can be buried, cremated or donated (a funeral director is a legal custodian, and as such, is held to a higher standard of care for this storage). (3) Making funeral arrangements with the legal next of kin, or their agent, and contacting the cemetery (crematory or facility for donation) for final disposition. (4) Preparing the body for disposition (this may include embalming, dressing and cosmetizing, or a combination, in preparation for a visitation, shipping and a funeral). (5) Transporting the remains for burial (cremation, or donation). (6) Securing, executing, and filing of the Death Certificate and Burial / Transit Permit. (7) Filling and filing of any benefits and payments on behalf of the deceased and beneficiaries. This is just a short list of what a funeral director may be responsible for, and remember this is accomplished in a relatively short period of time. However, if you find this confusing, call a funeral director; they will be happy to make an appointment and explain these processes in detail. If you wish, arrangements can be made and even paid for in advance, relieving you of confusion and possibly saving you money at future need.
