Discussed in article six of these installments, it’s worth second look. Powers of Attorney (P.O.A’s) are statutory powers granted and executed by the principal. A property owner (the principal) may appoint an agent who can act for her in whatever matters are delegated. These powers can be broad, narrow as required. Commonly, these limited P.O.A’s are used in Real Estate closing transactions, and among check writing and administrative functions for the elderly. A Health Care P.O.A. allows the appointed agent to make health care decisions on behalf of the principal. Illinois law permits the delegation of either the right to accept or refuse medical treatment as the principal/agent deems fit. Also, both P.O.A’s may be used to appointment successor agents, and nominate guardians. A P.O.A. allows the agent to do anything that a principal COULD do. Death automatically cancels a P.O.A., so it is no substitute for a Will or pre-arranged funeral arrangements. Illinois has adopted P.O.A’s that can may be made DURABLE. This act allows the appointment of an agent (or successor) and can be conditioned upon the principal’s incapacity. These powers survive the principal’s disability.
