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DuPage County estate planning attorneysWhen creating your estate plan, it is vital to choose the right person to be your power of attorney, or agent. Powers of attorney have a tremendous amount of responsibility when it comes to estate planning, so choosing a representative who is accountable and trustworthy is imperative. A power of attorney document allows you to authorize someone to act on your behalf if you cannot do so due to illness or other incapacitation. The authority given to a power of attorney is largely dependent upon the document’s language. For help drafting a power of attorney document or for other estate planning assistance, contact a qualified estate planning attorney.

Types of Powers of Attorney

A non-durable power of attorney is designed to provide only a temporary solution. This document can be custom-made to authorize your agent to complete specific transaction. For example, you could give authorization to another person to sign a document that requires your signature if you are unable to do so yourself for some reason. A non-durable power of attorney terminates when you lose the mental capacity. Alternatively, a durable power of attorney is a more permanent solution which stays in effect even if you become incapacitated and cannot manage your own financial affairs. Both types of power of attorney can be designed to give your agent the level of authority you feel comfortable with.

The two types of powers of attorney listed above apply to matters involving property. By comparison, a health care power of attorney gives your agent the authority to make medical decisions on your behalf if you cannot do so.


Lombard estate planning lawyerUtilizing the Power of Attorney to manage what happens to your property is an important part of will, estate, and trust planning. Everyone has different needs and different circumstances when it comes to making arrangements for the handling of their possessions and accounts, but no matter how much or how little you own, it is helpful to know your belongings are protected and that your wishes are carried out.

The Purpose of Power of Attorney for Property in Illinois

The main purpose of the Power of Attorney in terms of property is to designate and grant a specific individual the authority to handle and make decisions regarding your various financial affairs. In the state of Illinois, this power allows that person (also referred to as an “agent”) to sell or dispose of your property, even without your consent. It also deems the agent right to make such decisions without giving you any advance notice. Ultimately, Power of Attorney is a tool that allows you to officially document and voice your wishes, how you do or do not want them carried out, and to whom you would like the power given to in the event that you cannot--or do not want to--make the final say on a financial matter.

Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners Illinois Association Criminal Defense Lawyers DuPage County Criminal Defense Lawyers Association
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