Power of Attorney (POA) Legal Documents
A Power of Attorney for Healthcare and a Power of Attorney for Property in the state of Illinois are two very powerful and necessary documents. They can be completed on their own, together, or with a completed estate plan.
Power of Attorney for Property
The Power of Attorney for Property legal document is to give your designated “agent” broad powers to handle your financial affairs for you, for your benefit only, in the event you are unable to do it.
You ultimately get to choose what powers your agent will have but generally, they include the power to pledge, sell, or dispose of any of your real or personal property, even without your consent or any advance notice to you.
It is important to select an agent whom you trust since you are giving that agent total control over your financial assets and property. Any agent who does act for you has a fiduciary duty to act in good faith for your benefit and to use due care, competence, and diligence. He or she must also act in accordance with the law and with the directions in this document. Your agent must keep a record of all receipts, disbursements, and significant actions taken as your agent. The document must be witnessed correctly and notarized to be valid in the state of Illinois.
Power of Attorney for Healthcare
The Power of Attorney for Healthcare document is to give your designated “agent” broad powers to make health care decisions for you in the event you are unable to make them for yourself. They include the power to require, consent to, or withdraw treatment for any physical or mental condition, and to admit you or discharge you from any hospital, home, or other institution.
It is important that you select an agent who will agree to do this for you and who will make those decisions as you would make them. It is also important to select an agent whom you trust, since you are giving that agent control over your medical decision-making, including end-of-life decisions. Any agent who does act for you has a duty to act in good faith, for your benefit, and to use due care, competence, and diligence. He or she must also act in accordance with Illinois law and with the statements in this form.
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