Power of Attorney

Health problems and cognitive decline can make it difficult or impossible to make important decisions about healthcare, finances, and property. Illinois law allows people to create durable powers of attorney, which give others the legal authority to make decisions on their behalf if they become incapacitated.

If you’re considering creating a power of attorney in Illinois, it is important to speak with an experienced La Grange and Northbrook estate planning attorney. A qualified power of attorney lawyer can help you understand your options and draft a document that meets your specific needs.

The Illinois estate planning attorneys at Wilson & Wilson Estate Planning and Elder Law, LLC, have extensive experience helping clients in LaGrange, Northbrook, and other Chicago-area cities create and implement durable powers of attorney. We can help you choose the right type of power of attorney for your situation, ensure that your document is legally valid, and provide guidance on how to use it effectively.

Here are some of the benefits of creating a durable power of attorney:

• Peace of mind. Knowing that someone you trust has the authority to make decisions on your behalf if you become incapacitated can give you peace of mind.
• Asset protection. A power of attorney can help protect your assets from fraud and abuse.
• Continuity of care. A power of attorney can ensure that your healthcare and financial needs are met if you’re unable to manage them yourself.

Contact us today to learn more about how we can help you create a durable power of attorney.

Illinois law gives competent adults the right to appoint individuals to make decisions about their property and healthcare. The Illinois Power of Attorney Act (the Act) establishes the rules and requirements for granting powers of attorney.

The Act allows people to give written authorization to named individuals to act on their behalf in the event they become incapacitated. Powers of attorney in Illinois can be granted for healthcare and property, and they can be general or specific. General powers of attorney grant authority to manage all aspects of a person’s affairs, such as their finances. Specific powers of attorney are limited to a particular task or issue.

Powers of attorney in Illinois can be durable or springing:

• Durable powers of attorney go into effect immediately and remain in effect even if the person who granted the power of attorney becomes incapacitated.
• Springing powers of attorney only become effective if the person who granted the power of attorney becomes incapacitated.

Powers of attorney can be a valuable tool for ensuring that your wishes are respected and your needs are met if you become unable to make decisions for yourself.

Illinois law allows people to grant powers of attorney for healthcare to an agent, who can then consent to, withdraw, or refuse medical treatment on their behalf. Powers of attorney for healthcare can even extend beyond a person’s death to allow for organ donation, autopsies, or the disposition of remains.

To grant power of attorney for healthcare in Illinois, the person granting the power must sign a written document in the presence of a witness. Only certain individuals are eligible to serve as witnesses.

The power of attorney document in Illinois does not need to be notarized.

A person may revoke power of attorney for healthcare at any time, regardless of their physical or mental condition. To revoke power of attorney, the person may destroy the document granting power of attorney in a way that shows their intent to revoke it, sign and date a written revocation, or orally express the revocation in the presence of a witness who then signs and dates a written confirmation.

Illinois law also allows people to grant powers of attorney for property to another individual, who can then manage some or all of the principal’s property or finances on their behalf.

As with powers of attorney for healthcare, powers of attorney for property in Illinois must be in writing and signed by the principal and a witness. They also must be signed by a notary public.

The principal may revoke a power of attorney for property at any time and in any manner communicated to the agent.

Granting someone powers of attorney under Illinois law can give you the peace of mind that comes with knowing your affairs will be handled in accordance with your wishes if you become unable to make decisions for yourself.

If you’re considering granting powers of attorney in Illinois, consult with a trusted La Grange and Northbrook estate planning attorney.

Our attorneys at Wilson & Wilson Estate Planning and Elder Law, LLC, can assess your individual circumstances and advise you on the best course of action to achieve your goals.

Contact us online to learn more, or call our LaGrange office at (708) 482-7090 or our Northbrook office at (847) 656-8958.