Common Mistakes to Avoid When Creating a Power of Attorney in Illinois

 Posted on August 17, 2025 in Powers of Attorney

A power of attorney is a legal document that everyone should include in their estate plan. It lets you choose a person you trust to make important financial, health, or property decisions on your behalf if you cannot. Because of the authority these documents provide, even small errors can create significant legal or personal problems. Working with an experienced DuPage County, IL estate planning attorney helps ensure your documents are valid and reflect your intentions.

Choosing the Wrong Agent for a Power of Attorney in Illinois

One of the most serious mistakes you can make when drafting a power of attorney document is naming the wrong person as your agent. Section 2-4 of the Illinois Power of Attorney Act clarifies that an agent must act in good faith, use due care, and follow your instructions. However, if you appoint someone careless or financially irresponsible, the law alone may not protect you from their poor decisions. For example, if an agent ignores your wishes about medical treatment or mishandles money, the consequences can be difficult to undo. Selecting a responsible and trustworthy person is the most important step you can take.

Leaving the Power of Attorney Too Broad or Too Limited

Illinois law gives you flexibility in how much authority you grant to your agent. Under 755 ILCS 45/3-3, you may provide broad powers over property, finances, or healthcare, or you may restrict authority to specific tasks. Trouble often arises when the power of attorney is drafted too broadly, which gives the agent nearly unlimited control. If it is drafted too narrowly, it could prevent the agent from acting in emergencies. A well-drafted document should give your agent the ability to act when needed while including clear instructions that prevent misuse.

Not Reviewing or Updating the Power of Attorney

Another common error is letting a power of attorney become outdated. Life changes such as divorce, remarriage, or the death of a spouse can make your original choice of agent irrelevant. Fortunately, by law, you can revoke or amend a power of attorney at any time while you are able. By reviewing your documents regularly, you can confirm that the right person is still named and that the instructions reflect your current wishes. Many estate planning attorneys recommend updating powers of attorney every few years or after any major life event.

Using the Wrong Illinois Statutory Form for a Power of Attorney

Illinois provides official statutory short forms for both property and healthcare powers of attorney under Section 3-3.6 of the Illinois Power of Attorney Act. These forms are widely recognized by financial institutions and healthcare providers. Using an outdated form or drafting one that does not meet statutory requirements may result in rejection when your agent tries to act on your behalf. For example, if the document lacks the correct language or required signatures, a bank or hospital may refuse to honor it. 

Contact a Lombard, IL Estate Planning Attorney

At A. Traub & Associates, our DuPage County, IL estate planning lawyers provide knowledgeable and compassionate guidance for individuals and families throughout the area. Attorneys Angel M. Traub, our founder, and Jessica Wollwage-Rymut were both selected as Super Lawyers in 2024, a recognition of their outstanding dedication to clients. Founding Attorney Angel Traub has been a respected figure in the legal community for over two decades, and the firm is proud to be female-owned and led. If you have questions about drafting your powers of attorney, contact our office today at 630-426-0196 to schedule an initial consultation.