When Families Don’t Plan Ahead: The Cost of Waiting to Help Aging Parents

 Posted on June 30, 2025 in Estate Planning

When aging parents begin to experience health problems or financial difficulties, many adult children assume they will "handle it when the time comes." Unfortunately, that time often arrives suddenly — after a medical emergency, a diagnosis of dementia, or a fall that sends someone to the hospital. Without a plan in place, families in Yorkville, Minooka, and surrounding Illinois communities may find themselves navigating legal, medical, and financial chaos with no authority to act. 

At Gateville Law Firm, our Illinois estate planning attorney can help families create estate plans and advanced healthcare directives. If you are reading this because you have suddenly found yourself caring for a parent who can no longer care for themselves, we can help with that, too. Call us today and start getting answers to your questions. 

What Happens If Parents Cannot Make Decisions Themselves?

Under Illinois law, once a person becomes mentally or physically incapacitated, no one — not even a spouse or adult child — has automatic authority to manage their affairs. Unless the parent has signed legal documents such as a power of attorney or created a trust, family members may be forced to file for guardianship in probate court.

Guardianship proceedings are public, time-consuming, and often costly. A judge must determine whether a parent is legally incapacitated and who should be appointed as guardian. This process can take weeks or even months, and during that time, urgent financial and medical decisions may be delayed. Worse, if family members disagree on who should be appointed guardian, the matter could turn into a contested court battle.

Why Waiting to Make an Estate Plan Can Cost Thousands

Many families assume that estate planning is only for the very wealthy, or that they can draft a simple will later. In reality, failure to plan ahead often results in:

• Court costs and attorney fees associated with guardianship or probate

• Loss of public benefits, such as Medicaid eligibility, due to late asset transfers or improper gifts

• Family conflict, especially when siblings disagree about care decisions or financial control

• Inability to access funds, manage real estate, or pay bills during a medical crisis

• Unwanted care choices, such as institutional placement when home care may have been an option with proper planning

These outcomes are avoidable with proactive legal guidance.

What Legal Tools Can Help Families Prepare for Aging Parents?

Under Illinois law, several estate planning documents allow aging parents to retain control while also authorizing help when needed. These include:

• Statutory Durable Power of Attorney for Property: Allows a trusted person (agent) to handle financial matters on behalf of the parent if they become incapacitated.

• Power of Attorney for Health Care: Enables the agent to make medical decisions if the parent is unable to speak for themselves. This document is essential for avoiding confusion during a medical emergency.

• Living Will and HIPAA Authorization: Outlines the parent’s end-of-life wishes and allows access to medical records.

• Revocable Living Trust: Can hold assets such as bank accounts and real estate and provide for their management and distribution without going through probate. The parent remains in control as long as they are competent and appoints a successor trustee to step in if needed.

As of June 2025, Illinois continues to require strict adherence to signing formalities for these documents to be valid. Working with an experienced estate planning attorney ensures compliance and helps prevent legal challenges down the road.

What Should You Do If a Parent Suddenly Becomes Incapacitated?

If your parent has already lost capacity and no documents are in place, you may need to petition the probate court for guardianship. In Kendall and Grundy Counties, this process typically begins by filing a petition and medical evaluation form, then attending a hearing where a judge will determine whether guardianship is appropriate.

While guardianship is sometimes the only option, it should be considered a last resort. If your parent is still competent — even if they are aging or declining — the best step you can take is to encourage them to work with an estate planning lawyer now.

Speak With a Yorkville, IL Estate Planning Lawyer Today

It is never too early to plan, but it can become too late. The Minooka, IL estate planning attorneys at Gateville Law Firm can help your family prepare for the future with compassion, clarity, and a focus on preserving your wishes and your dignity. Whether you need a simple power of attorney or a full estate plan, we are here to help. Call us at 630-780-1034 today to schedule a free consultation and protect your loved ones.