Laws Regarding Illinois Power of Attorney AgreementsIllinois power of attorney laws are straightforward and similar to other states. The State of Illinois makes it easy for you to customize your own power of attorney forms because they have online documents you can print out and complete.
Using State Approved Forms
Forms the State of Illinois has available are:
· Declaration for Mental Health Treatment
· Medical Power of Attorney
· Property Power of Attorney
· Temporary Guardianship for the Disabled
There are also a variety of probate forms helpful for establishing child power of attorney and such. Visit gac.state.il.us for more information.
By using forms the State of Illinois has available for medical, property and child power of attorneys, you are guaranteed the forms are legal. These forms stand up well in court disputes.
Considerations for Creating Illinois Power of Attorneys
It is illegal for any Illinois medical power of attorney agent to assist a principal in a suicide or euthanasia regardless of health issues. They also may not allow any illegal treatments. Regardless of your health status or a terminal diagnosis, your agent cannot help you overdose or be asked to find someone who will help end your life.
An Illinois power of attorney agent must follow the laws at all times with any legal, financial or business transaction. This includes cheating on your taxes for you.
A durable power of attorney in Illinois remains in effect until the agreement is revoked, a divorce is finalized and the agent is the ex-spouse or the principal dies. A revocation letter should be sent certified to the attorney in fact and any interested third parties. Keep a record of the certified mailing in case of any disagreement down the road.
Attorney in facts are required to keep records of all transactions or decisions they make in case of future problems.
Per the Illinois Power of Attorney Act - 755 ILCS 45, Section 4-11, a medical power of attorney overrides any instructions set forth in a living will. Make sure your doctor and preferred hospital have copies of your living will or medical power of attorney and that older forms are destroyed to prevent confusion.
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