Durable power attorney il 2025

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When planning for the future, its key to know the differences between durable and general powers of attorney. The big difference is how they work during incapacitation. A general power of attorney ends if the person making it cant make decisions anymore. But a durable power of attorney keeps going.
The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over.
Potential Disadvantages of Being a Power of Attorney If you breach your duty, you could owe the principal compensation for damages. The principal could sue you if you did not act in their best interest. A POA could be held responsible if they sign an agreement that could hold them financially liable.
When someone makes you the agent in their power of attorney, you cannot: Write a will for them, nor can you edit their current will. Take money directly from their bank accounts. Make decisions after the person you are representing dies. Give away your role as agent in the power of attorney.
One major downfall of a POA is the agent may act in ways or do things that the principal had not intended. There is no direct oversight of the agents activities by anyone other than you, the principal. This can lend a hand to situations such as elder financial abuse and/or fraud.
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A person with Power of Attorney for their parents cant actually add the POA to their bank accounts. However, they may change bank accounts to be jointly owned. There are some pros and cons of doing this, as discussed in the article POAs vs. joint ownership from NWI.com.
To create a durable POA in Illinois, you must: Be at least 18 years old and of sound mind. Sign the POA in front of a notary public and at least one witness. The witness cannot be your agent, your spouse, your descendant, or your sibling. Include specific language in your POA, such as warnings and notices.

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