This is a revocation of Form IL-P016.
Illinois Revocation of Statutory Durable Power of Attorney for Health Care
State:
Illinois
Control #:
IL-P016B
Format:
Word;
Rich Text
Instant download
Description
Key Concepts & Definitions
Statutory Durable Power of Attorney: A legal document that allows an individual (the principal) to appoint another person (the agent) to make financial and legal decisions on their behalf. Revocation: The process of legally canceling the power of attorney, which requires the principal to take specific steps to end the agent's authority.
Step-by-Step Guide to Revoking a Statutory Durable Power of Attorney
- Determine the Need for Revocation: Assess the reasons for revoking the power, such as a change in relationship with the agent or changes in your personal circumstances.
- Review the Original Power of Attorney Document: Look for any specific provisions about revoking power and follow them closely.
- Create a Revocation Document: Draft a formal revocation document stating that you are revoking all powers granted to your agent.
- Sign the Document: Sign the revocation document, preferably in the presence of an online notary to ensure validity across jurisdictions.
- Distribute Copies: Send copies of the revocation document to your former agent and any institutions or individuals that were aware of the original power of attorney.
- Apply for a New EIN if Necessary: If the agent had control over business-related matters and used your Employer Identification Number (EIN), consider applying for a new EIN to prevent misuse.
Risk Analysis
Revoking a power of attorney carries the risk of strained personal relationships and potential legal disputes. Ensure all revocation processes are documented and witnessed to prevent any claims the revocation was not made. Miscommunication can lead to the revoked agent inadvertently continuing to make decisions, posing significant risks to the principals financial and legal affairs.
Best Practices
- Notify All Parties: Make sure that all financial institutions, and individuals who were aware of the power of attorney are informed of its revocation.
- Seek Legal Advice: Consulting with a lawyer can provide guidance tailored to your specific situation.
- Record Keeping: Keep copies of the revocation notice and any corresponding communications as part of your records.
Common Mistakes & How to Avoid Them
- Not Using a Formal Revocation Document: Always use a formal revocation document to avoid ambiguity.
- Failing to Notify Interested Parties: After revoking power, you must also notify any parties who knew about the power of attorney to avoid misunderstandings.
- Not Consulting a Lawyer: Legal advice is crucial to understand all implications of revocation and ensure the process adheres to state laws.
FAQ
Q: Can I revoke a power of attorney if the agent does not agree? A: Yes, a power of attorney can be revoked regardless of the agents consent, as long as the principal is competent. Q: Do I need a lawyer to revoke a power of attorney? A: While it is not mandatory, consulting a lawyer is advised to ensure the revocation process is legally sound and thorough.
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FAQ
In California and in many other states, there are POA forms specific to healthcare, and medical decisions are excluded from the general durable POAs. This means you can designate one person to be your agent for health decisions, and another for financial or legal decisions.
Revoke Your Current Power of Attorney. To change or cancel your current power of attorney, you should complete a formal, written revocation. Notify Your Power of Attorney. Once you complete your revocation, notify your agent of the cancellation in writing. Notify Relevant Third Parties. Execute a New Power of Attorney.
With a valid power of attorney, the trusted person you name will be legally permitted to take care of important matters for you -- for example, paying your bills, managing your investments, or directing your medical care -- if you are unable to do so yourself.
In California and in many other states, there are POA forms specific to healthcare, and medical decisions are excluded from the general durable POAs. This means you can designate one person to be your agent for health decisions, and another for financial or legal decisions.
A Durable Power of Attorney acts as a permission slip, giving authority to a third party to do things on behalf of someone else who cannot do it for themselves. If done properly, the Durable Power of Attorney may very well prevent you from having to be declared incompetent in court if you something bad happens to you.
Once you have filled out and printed the Power of Attorney Revocation or the Power of Attorney Agent Resignation, bring it to a notary to get it notarized. Make multiple copies of the document. If you are the principal, send a copy to the agent so they know that you ended the power of attorney.
While any new power of attorney should state that old powers of attorney are revoked, you should also put the revocation in writing. The revocation should include your name, a statement that you are of sound mind, and your wish to revoke the power of attorney.
You can revoke a Medical Power of Attorney even if you cannot make your own medical decisions. To cancel it, you can: Tell the agent, in person or in writing,Sign a new Medical Power of Attorney.
