The basic requirements of the Illinois Power of Attorney Act include:A designation of an agent and a written description of their powers.A properly signed power of attorney document (signed by the principal)A properly witnessed and signed power of attorney document (by an individual at least 18 years old)More items...•
The basic requirements for a power of attorney in Illinois for financial matters are that it must:Designate the agent and the agent's powers.Be properly signed (executed) by the principal.Be signed by at least one witness to the principal's signature.More items...•
It usually takes 8 to 10 weeks for The Office of the Public Guardian to register a power of attorney, so long as there are no mistakes on the form. It may take longer if there are issues they want to look into, although this is rare.
In the Power of Attorney forms, you'll be asked to give details of the attorneys you wish to appoint and the capacity in which you want them to act (jointly or 'jointly and severally'). Being able to act severally means each attorney can use the Power of Attorney independently.
Health Care Surrogate Act, Section 15. The law permits family members to make decisions about medical conditions outside the scope of existing powers of attorney or similar.
If a person dies without a will, he or she has also likely not named an executor for the estate. In this case, the family members closest to the deceased share the right to appoint an administrator for the property. If all family members agree about who should be the administrator, that person is appointed.
You cannot give an attorney the power to: act in a way or make a decision that you cannot normally do yourself – for example, anything outside the law. consent to a deprivation of liberty being imposed on you, without a court order.
However, if there is no will, then the attorney can apply to become an administrator of the estate, if they are the next of kin such as a spouse, child or relative of the deceased (but not usually an unmarried partner).
A living spouse usually would be the first person in line as next of kin. He or she will then be followed by any children. On the other hand, you can choose any adult to give your power of attorney to as long as you're designating them legally (complying with all the legal requirements).
An ordinary power of attorney is only valid while you have the mental capacity to make your own decisions. If you want someone to be able to act on your behalf if there comes a time when you don't have the mental capacity to make your own decisions you should consider setting up a lasting power of attorney.
Generally speaking, there are three main types of POA: Ordinary power of attorney. Lasting power of attorney. Enduring power of attorney.
Here are the basic steps to help a parent or loved one make their power of attorney, and name you as their agent:Help the grantor decide which type of POA to create. ... Decide on a durable or non-durable POA. ... Discuss what authority the grantor wants to give the agent. ... Get the correct power of attorney form.More items...•