Powers of Attorney

Powers of Attorney in Illinois: Your Legal Guide by MST Law

Planning for the future includes ensuring that trusted individuals can make important decisions on your behalf if you are unable to do so. A Power of Attorney (POA) is a legal document that allows you (the principal) to appoint someone (the agent) to manage financial or healthcare decisions if you become incapacitated or otherwise unable to act. At MST Law, we help Illinois residents establish legally sound POAs that align with their needs and ensure their interests are protected.

Understanding Powers of Attorney

A Power of Attorney grants legal authority to a chosen agent to act on your behalf in specific situations. There are two primary types of POAs in Illinois:

Health Care Power of Attorney: This allows your agent to make medical decisions for you if you become incapacitated. It covers choices regarding treatments, surgeries, long-term care, and end-of-life preferences. A health care POA can be temporary for specific situations or durable, meaning it remains in effect even if you lose mental capacity.
Property Power of Attorney: This permits your agent to handle financial matters such as managing bank accounts, paying bills, handling real estate transactions, and overseeing investments. Like the health care POA, it can be temporary or durable, depending on your needs.

Legal Requirements for a POA in Illinois

For a POA to be legally valid in Illinois, it must meet the following criteria:

Written Document: The POA must be in writing and clearly define the agent’s powers.
Principal’s Signature: The document must be signed by the principal in the presence of a notary public.
Witness Requirement: At least one witness must sign the document, affirming that the principal was of sound mind and not under duress at the time of signing.

Benefits of Establishing a Power of Attorney

Many people mistakenly assume that their spouse or next of kin can automatically make decisions for them if they become incapacitated. Without a legally executed POA, family members may need to go through court proceedings to gain authority over financial or medical decisions.

By establishing a POA, you can:

Maintain Control Over Decisions: Ensure that someone you trust will act in your best interests.
Avoid Guardianship Proceedings: A POA eliminates the need for court-appointed guardianship, which can be time-consuming and costly.
Customize Authority and Limitations: Specify the extent of powers granted and determine when the POA becomes effective.

Choosing the Right Agent

Selecting a trustworthy agent is critical, as they will have significant authority over your affairs. Your agent should:

Some individuals choose different agents for health care and financial matters, while others prefer to have the same person handle both. You can also specify whether the POA takes effect immediately or only upon incapacity (known as a “springing” POA).

Types of Powers of Attorney in Illinois

General Power of Attorney: Grants broad financial and legal authority but becomes invalid if the principal becomes incapacitated.
Limited Power of Attorney: Authorizes the agent to act only for specific purposes or transactions, such as selling a property while the principal is out of the country.
Springing Power of Attorney: Becomes effective only under specific conditions, typically when a physician certifies that the principal is incapacitated.

Revoking or Updating a Power of Attorney

A POA can be revoked at any time as long as the principal is mentally competent. The revocation must be in writing and formally communicated to the agent and any financial or medical institutions that relied on the POA.

It is also essential to review and update your POA regularly. Life changes such as marriage, divorce, relocation, or changes in health may require modifications to ensure that your document reflects your current wishes.

Why Work with MST Law for Your Power of Attorney?

At MST Law, we understand the importance of having legally sound and well-structured estate planning documents. Our attorneys provide:

Contact MST Law Firm Today

A Power of Attorney is an essential part of any estate plan, ensuring that your affairs are handled smoothly if you ever become unable to manage them yourself. Contact MST Law today to schedule a consultation and secure your future with a legally enforceable POA.