What is an Illinois Power of Attorney?
As you prepare to fill the free Illinois Power of Attorney form, you might want to read more on the legal document – you don’t want to fill the wrong form or grant over power over something you didn’t want to, do you?
But first, what is a power of attorney?
Well, this document, also referred to as a letter of attorney, letter of authority or the letter of authorization refers to a legal instrument that grants power to a proxy (an agent/ attorney-in-fact) over some matters in your life like health, kids or estate. The document and the powers therein granted terminate sometime in the future as an operation of the law, as per the terms of the document or if death befalls the principal or the agent.
In most states, the powers of attorney are stringing. Springing powers of attorney means that despite signing and notarization of the documents when the principal is in good health, the powers are only executable if the principal becomes incapacitated.
Types of Powers of Attorney
When filling in your free power of attorney form in Illinois, you will come across different categories of powers of attorney laws which the principals can use to delegate powers to their agents. They include:
Illinois Durable Power of Attorney Laws
If you are looking for a legal instrument granting someone else power over your health care, you should look in the direction of an Illinois durable letter of attorney.
The document(s) signed will indicate your wishes and what you want to do when seriously ill or injured in an accident. It’s the document that states whether you wish to be put on a life-support machine or if you do not want extreme measures like resuscitation to be taken when you are unable to decide. It may also indicate if you're going to your organs donated and if you wish to have your body cremated or not.
Other specific powers of this legal document include the type of health care you wish to receive and the ones you refuse. It may also state if you want your body to be an anatomical gift.
What are the legal requirements for one to be a principal’s agent?
The power of attorney form requires that you give the name of your preferred agent. The chosen agent should not be the principal’s attending physician or a healthcare provider. For further directions, you have to adhere to the laws laid out in the short statutory form 45/4-10.
How is the letter of authority revoked?
The letter of authority becomes invalid as soon as the principal says it is, regardless of the principal’s physical or mental status.
For revocation, the letter must be signed and dated.
An oral expression of revocation should be issued in the presence of a witness who must also give a written confirmation of the dismissal.
In some cases, revocation becomes necessary following the destruction of the powers of attorney in any manner that indicates an intention to revoke powers.
If the attending physician doesn’t comply or is not willing to abode by the letter of authorization, the attorney-in-fact should be made aware, and the attending physician must give reasonable reasons for their decisions. Note, however, that the attending physician will not suffer any professional, criminal or civil liability if acting in good faith.
Illinois Limited Power of Attorney Law
As the name suggests, this document has some limitation of powers granted to an agent by the principal.
The limited letter of attorney allows the agent to only handle specific matters in the event of a principal’s incapacitation or unavailability.
Unless notice is issued, the powers granted are irrevocable. This means that the letter of attorney is only revocable if the principal issues a written notice stating the dismissal of the powers initially granted to the agent. The notice needs to be sent to affected third parties as well.
Illinois Power of Attorney for Childcare Law
Would you like to grant a non-parent guardianship of your child when you are unavailable for a short period? How about a letter of authority, signed and notarized, giving a non-parent authority over major decisions in your child’s life in your absence?
With the letter of authority, you can give the non-parent power over a child’s medical treatment or signing them up for a school activity. The best part is that you can limit the powers granted to one thing.
As the principal, you have the right to withdraw the powers at any time, even before the letter of authority expires. But, you need to revoke the powers in writing then deliver a signed revocation form to the person you granted the power over your child. You’ll have your powers back as soon as you deliver the notice to the agent.
Whether you live in Chicago, Springfield, Naperville, Aurora, Rockford or any other city of Illinois, you can use our power of attorney forms easily.