Types Of Powers Of Attorney In Illinois

 Posted on December 15, 2022 in Estate Planning

Durable Power of Attorney in Kendall County

There are two major types of durable power of attorney in Illinois. The first type of power of attorney is a “Medical Power of Attorney” otherwise called "Illinois Statutory Short Form Power of Attorney for Healthcare." The Illinois Statutory Short Form Power of Attorney for Healthcare is also called "Statutory Healthcare Power.” See 755 ILCS 45/4-10.

The purpose of medical power of attorney is to give an individual the right to control all aspects of their medical treatment including the following:

• Ability to decline medical treatment

• The means to have medical treatment withdrawn even if this means that a person will die due to the decision to withhold medical treatment

The right of the individual to decide their care trumps the physician's obligation and the healthcare provider's ability to render care and preserve life and health. 

A Durable Power of Attorney is a legal document where one appoints a healthcare agent to make decisions for themselves in case, they are incapable of making their own decisions. The medical power of attorney becomes active either right away upon execution or is considered a “springing power of attorney.” A springing power of attorney is a power of attorney that becomes active upon an event occurring such as the person’s inability to make their own medical decisions. An Illinois Statutory Short Form Power of Attorney for Healthcare includes the right to withhold certain types of medical treatment.

There are a couple of requirements to form an Illinois Statutory Short Form Power of Attorney for Healthcare:

• A person must have the right mind and capacity to sign a medical power of attorney

• The medical power of attorney must be witnessed by a non-family member over the age of 18 years of age

• The medical power of attorney must be notarized by a person other than the witness.

The second type of power of attorney is "Financial Power of Attorney" otherwise known as "Illinois Statutory Short Form Power of Attorney for Finances.” In short, the Financial Power of Attorney for Property is intended to be used for financial matters and property concerns such as dealing with bank account matters or real estate properties (among other things). The Illinois Statutory Short Form Power of Attorney for Finances is governed by 755 ILCS 45/3-1.

The Financial Power of Attorney authorizes a third-party spouse or adult child to make one's financial decisions for them when they are incapable of making their own decisions. The Financial Power of Attorney is used when a person is incapacitated or needs assistance in making financial decisions. An agent is a person that is granted the power to make financial decisions for a person. The Financial Power of Attorney details the specific powers, that the agent can make. Most property powers of attorneys have wide-ranging abilities to make decisions regarding one’s finances. 

CONTACT AN KENDALL COUNTY ESTATE PLANNING LAWYER 

Set up a free initial consultation with a Yorkville Power of Attorney Lawyer. A comprehensive estate plan should include the durable powers of attorneys for property and healthcare. Peace of Mind Asset Protection, LLC can educate and assist you or your loved ones with executing the correct legal instruments to control your decision-making over your healthcare and financial matters. Schedule a confidential consultation today by calling 630-882-2467 or filling out the online contact form.

Sources

755 ILCS 45/Illinois Power of Attorney Act

https://www.illinoislegalaid.org/legal-information/power-attorney-health-care