Illinois Power of Attorney Forms

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General and Statutory Power of Attorney Forms

Living Will and Health Care Power of Attorney Forms

Child Care Power of Attorney

Limited or Special or Vehicle Power of Attorney

Other Power of Attorney Forms

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Power of Attorney for Illinois

A power of attorney allows an agent to act on your behalf based on the terms of the document, whether a General Power of Attorney, Limited Power of Attorney, Child Care Power of Attorney or others.

Illinois Power of Attorney Laws

An Illinois power of attorney is governed by the laws contained in Chapter 755 of the Illinois Statutes. When you create this legal document, you are called a principal or grantor, and you delegate authority to another, called the agent, attorney-in-fact, or personal representative, to act in your place. You may grant broad powers through a general power of attorney, or use a limited power of attorney, also called a special power of attorney, to give your agent authority only in a certain subject matter or transaction. The following explanation covers some important points to know about Illinois law:

Successor agents – To avoid the termination of the form, you can name one or more successor agent to take over if a previous agent declines to serve, resigns, becomes incapacitated, isn’t qualified to serve, or dies. Illinois Statutes Section 755 ILCS 45/2-10.3

Co-agents – Unlike successor agents, who take authority after a previous agent’s authority is terminated, co-agents have authority at the same time. Co-agents can’t be used in a statutory short form power of attorney for property, nor in a statutory short form power of attorney for health care. Statutory power of attorney forms precisely copy the language supplied in Illinois Statutes. However, it’s possible to name co-agents in a nonstatutory form. Unless you state otherwise, the majority of your co-agents must consent to a decision before taking action. Illinois Statutes Section 755 ILCS 45/2-10.5

Termination- You can state any terms you wish for when the document terminates, such as on a certain date or when a specified event occurs. The form will automatically terminate at your death or if your spouse is your agent and a judgment of divorce or annulment is ordered.

You can revoke the form at any time, as long as you have the mental capacity to understand what you’re doing. Any revocation should be made in written form, with a copy delivered to your agent and those sealing with your agent. A new POA won’t automatically revoke an earlier one unless you state so. Illinois Statutes Section 755 ILCS 45/2-5, Illinois Statutes Section 755 ILCS 45/2-6

Health care power of attorney – A medical power of attorney gives your agent authority to make medical decisions regarding treatments and life support measures when you’re unable to. It gives your agent power to give medical consent, access medical records, make anatomical donations, and more. You may name one of more successor agents in this form, but co-agents are prohibited. Illinois Statutes Section 755 ILCS 45/4-1 et seq.

General Power of Attorney

Q: What is a General Power of Attorney

A General Power of Attorney is a legal document which gives the person you choose (the agent) the power to manage your assets and financial affairs while you are alive. The document must be signed by you (the principal) while you have the required legal capacity to give your agent clear and concise instructions. The appointment may be for a fixed period and can be revoked by you at any time providing you still have the legal capacity to do so. A power of attorney ceases when you die. The executor named in your will then takes over the responsibilities of your estate.

Living Will and Health Care Power of Attorney

Q: What is a Living Will and Health Care Power of Attorney?

A: A Health Care Power of Attorney is a legal document that allows an individual to designate another person to make medical decisions for him or her when he or she cannot make decisions for himself or herself. In other words it names someone who stands in your shoes and tells the doctors what to do or what not do for you.

A Living Will is a document that allows a person to explain in writing which medical treatment he or she does or does not want during a terminal illness. A terminal illness is a fatal illness that leads ultimately to death. A Living Will takes effect only when the patient is incapacitated and can no longer express his or her wishes. The will states which medical treatments may be used and which may not be used to die naturally and without the patientís life being artificially prolonged by various medical procedures. Although the term Living Will may indicate that it is a Will, in reality, it is more similar to a Power of Attorney than a Will.

Limited or Special Power of Attorney?

Q: What is a limited or special power of attorney?

A: A Limited power of attorney is one which is limited to a specific act or particular purpose. It is also referred to as special power of attorney. A limited power of attorney allows the Principal to give only specific powers to the agent.

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