Powers of Attorney
Property Power of Attorney
The Power of Attorney is a document in which one person (the "grantor") grants to another person (the "attorney" or "agent") rights and powers to act for the grantor. The rights and powers granted may be as limited or full in scope as desired and may, if desired, include the power to deal with the grantor’s real estate.
Any Power of Attorney is revocable by the grantor. It also will cease when the grantor dies. A Power of Attorney also may limit the period of time for which it will be effective.
The Illinois Power of Attorney Act has been amended to permit the creation of a Durable Power of Attorney. A Power of Attorney drafted under this Act will continue in effect despite the grantor becoming incompetent or despite the appointment of a guardian. A Power of Attorney not drawn in the form prescribed by the Illinois Power of Attorney Act will be subject to automatic revocation and invalidation if and when the person granting the power is legally determined to be a disabled person.
Health Care Power of Attorney
The Illinois Power of Attorney Act provides for a statutory form of Power of Attorney for Health Care, similar in many respects to the statutory Power of Attorney for property. The Health Care Power of Attorney is designed to enable broad delegation of powers which an individual possesses over his or her own health care. In many respects, the Health Care Power of Attorney resembles a Living Will.
The Illinois Power of Attorney Act states that the person’s Living Will is ineffective while there is an agent authorized and able to act under a Health Care Power of Attorney. In this Power of Attorney, you instruct your agent as to the level of life-sustaining treatment you want. You may even instruct your agent as to medical procedures you want or do not want performed.
Living Will
The Illinois Living Will Act reflects the General Assembly’s belief that Illinois citizens have a right to control decisions concerning their medical care. Those decisions include the right to have life sustaining procedures withheld or withdrawn in instances of a terminal condition. Living Wills are not valid in all states.
1. This Living Will is also known as a "Death With Dignity Declaration, ("DDD") or just "Declaration."
2. It may be executed by any adult of sound mind. The declaration must be executed with the formalities required of a valid Will.
3. A person who decides to execute a Living Will should also consider establishing a Power of Attorney for Health Care. The Living Will is suspended whenever an agent under the Power of Attorney is acting on your behalf.
The Power of Attorney is a document in which one person (the "grantor") grants to another person (the "attorney" or "agent") rights and powers to act for the grantor. The rights and powers granted may be as limited or full in scope as desired and may, if desired, include the power to deal with the grantor’s real estate.
Any Power of Attorney is revocable by the grantor. It also will cease when the grantor dies. A Power of Attorney also may limit the period of time for which it will be effective.
The Illinois Power of Attorney Act has been amended to permit the creation of a Durable Power of Attorney. A Power of Attorney drafted under this Act will continue in effect despite the grantor becoming incompetent or despite the appointment of a guardian. A Power of Attorney not drawn in the form prescribed by the Illinois Power of Attorney Act will be subject to automatic revocation and invalidation if and when the person granting the power is legally determined to be a disabled person.
Health Care Power of Attorney
The Illinois Power of Attorney Act provides for a statutory form of Power of Attorney for Health Care, similar in many respects to the statutory Power of Attorney for property. The Health Care Power of Attorney is designed to enable broad delegation of powers which an individual possesses over his or her own health care. In many respects, the Health Care Power of Attorney resembles a Living Will.
The Illinois Power of Attorney Act states that the person’s Living Will is ineffective while there is an agent authorized and able to act under a Health Care Power of Attorney. In this Power of Attorney, you instruct your agent as to the level of life-sustaining treatment you want. You may even instruct your agent as to medical procedures you want or do not want performed.
Living Will
The Illinois Living Will Act reflects the General Assembly’s belief that Illinois citizens have a right to control decisions concerning their medical care. Those decisions include the right to have life sustaining procedures withheld or withdrawn in instances of a terminal condition. Living Wills are not valid in all states.
1. This Living Will is also known as a "Death With Dignity Declaration, ("DDD") or just "Declaration."
2. It may be executed by any adult of sound mind. The declaration must be executed with the formalities required of a valid Will.
3. A person who decides to execute a Living Will should also consider establishing a Power of Attorney for Health Care. The Living Will is suspended whenever an agent under the Power of Attorney is acting on your behalf.
