In some situations, people are unable to conduct business and personal affairs because of absence, illness or some other reason. A power of attorney designates people you know and trust to carry out your wishes in a variety of different circumstances. These documents are also an important part of your estate plan. You can make important end-of-life decisions in a more relaxed environment free from the emotional pressure commonly associated with this period.
In 2014, the state legislature significantly overhauled the Illinois Power of Attorney Act, which covers all these situations. Most of the changes were cosmetic, but there were some enforcement changes as well. If you need a new power of attorney, or are concerned that your existing one may be invalid, contact an attorney at the Law Offices of Salvatore C. Miglore & Associates straightaway.
The law surrounding powers of attorney can be complicated, and well-meaning friends and relatives may offer input that complicates the matter even further. Our skilled estate planning attorneys can give you competent legal advice, even if Spanish, Polish or Italian is your preferred language. We will then professionally draft the proper documents, help ensure that they are legally enforceable, and stand by you if problems or disagreements arise later.
In Illinois, there are two primary power of attorney documents. Both of them designate an agent, or a person to make decisions and take action when you are unavailable to do so. A healthcare power of attorney allows your agent, which is normally a friend or family member, to make medical decisions. The attorney-in-fact has the power to:
You have the control. You can limit these powers, and specify that the agent must make decisions in accordance with your written wishes. At your option, the authority can end at a certain date, upon a certain event, or upon your death.Unlike a medical power of attorney, a property power of attorney must be witnessed and Notarized. The agent has the ability to:
You have the option to either limit these powers or grant even more authority. While it is not required, it is generally a good idea to have your agent sign the power of attorney.
To help ensure that important medical and financial decisions are carried out efficiently and according to your wishes, contact the Law Offices of Salvatore C. Miglore & Associates at (630) 933-8400 for a free consultation. Our estate planning attorneys represent clients in DeKalb, Kane, DuPage, Cook, Kendall, Will, McHenry and Lake Counties.