Can my same-sex partner make medical or financial decisions for me if I cannot do so?

citizen |

The Illinois Power of Attorney Act allows you to name an agent to act on your behalf if you cannot make medical or financial decisions for yourself. By executing a Health Care Power of Attorney, your partner will have the right to carry out your health care wishes if you become incapacitated. A Power of Attorney for Property will allow your partner to handle your financial matters if you are unable to do so. You should see an attorney to discuss your specific situation and the options available to you.

Will my homeowners insurance cover the severe damage to an apartment I rented out? The tenant, who left to enter a nursing home, had junk stacked almost to the ceiling, and a dripping pipe created a serious mold problem. Her security deposit will not cover the damage.

As a landlord, you should have used your legal right to inspect the property periodically. While most insurance policies cover damage that is a result of a sudden, unexpected event, such as storm damage, you may not be covered because you failed to handle routine repairs. Check the fine print on your policy to see if it covers vandalism. You or your lawyer could argue that your tenants hoarding was willful or ignorant destruction of property and therefore should be covered. If you try this approach, and it fails, consider contacting the states department of insurance about the companys denial.

Im thinking about buying a used car for my son. If I purchase it as is, is the car dealer required to stand by any oral representations he made?

Used cars may be sold "as is" or with a limited warranty. If you purchase a car "as is, in most cases the dealer is not obligated to stand by any oral representations he may have made prior to the purchase. If the dealer has made certain statements about the car, or has promised to complete specific repairs, get these promises in writing. If the vehicle comes with a limited warranty, make sure the dealer puts in writing what the warranty covers and how long it lasts.

If you have a legal question for a future column, send it to illinoislawcolumn@isba.org.

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations and does not constitute legal advice. For help with a particular legal question, please consult your lawyer.

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