COMMON QUESTIONS & ANSWERS
1. What’s the difference between a Will and a Trust?
A Will outlines who receives your assets and who cares for your dependents after death. A Trust lets someone manage assets before and after death.
“A Will is usually enough for most people. Trusts are more complex and typically need a lawyer.”
2. Is this legally binding?
Yes, in Illinois a Will is valid if it’s in writing, signed by the person making it, and witnessed by two adults.
3. Do I need a notary?
No. Illinois does not require a notary for a Will to be valid. It requires 2 witness signatures who are not in the will.
4. Can I make changes later?
Yes, I can help you create a new Will or update it anytime.
5. What happens if I die without a Will?
The state decides who gets your property based on intestacy laws. It can cause delays, disputes, and decisions you might not agree with. A Will puts you in control.
6. Can my spouse and I just share one Will?
No. Each person needs their own, but we can create both at the same appointment.
7. Can I list someone to care for my kids?
Yes, your Will is the place to name who you’d want caring for your children.”
8. What’s a Health Care Directive?
A document that states your medical treatment wishes if you can’t speak for yourself. It tells doctors what to do — or not do — if you’re unconscious or can’t speak.
9. What’s a Power of Attorney (POA)?
A POA gives someone you trust authority to act on your behalf. It lets someone make medical or financial decisions if you’re unable to.
10. Is this the same as legal advice?
No. We at peaceofmindwillplanning.com do not give legal advice. We prepare documents based on your instructions. If you need legal advice we can recommend a lawyer.
WILL vs. HEALTH CARE DIRECTIVE vs. POWER OF ATTORNEY
Clear, Simple Guide for Clients
📝 LAST WILL & TESTAMENT
When it applies: Only after death
What it does:
Decides who receives your property and belongings
Names guardians for minor children
Appoints an executor to handle your estate
What it doesn’t do:
Has no power while you’re alive
Doesn’t help in medical emergencies or if you’re unconscious
🚑 HEALTH CARE DIRECTIVE (Living Will)
When it applies: While you’re alive but unable to speak for yourself (coma, serious injury, late-stage illness)
What it does:
Says what kind of medical treatment you do or don’t want
Covers life support, feeding tubes, breathing machines, etc.
Eases burden on family during tough decisions
What it doesn’t do:
Doesn’t handle financial matters
Doesn’t distribute your property
✉️ POWER OF ATTORNEY (POA)
When it applies: While you’re alive but need help managing things
What it does:
Appoints someone you trust to make decisions for you
Can cover medical, financial, or both
Helps in situations like surgery recovery, dementia, travel, etc.
What it doesn’t do:
Doesn’t distribute property after death
Doesn’t override your wishes if you’re still competent
✨ Easy Summary:
“Your Will is for after death.
Your Directive and POA are for when you’re still alive — but can’t speak or act for yourself.”
Package Option:
Will = $250
Health Care Directive = $100
Power of Attorney = $100
Add both extras for full peace of mind
