Power of attorney

Rick represents clients in Rockford, Loves Park and across Winnebago County from his office at 7111 N. Alpine Rd, Loves Park.

What it does

A power of attorney is a document that lets you appoint a person or an organization to handle your affairs while you are unavailable or unable to handle them yourself.

Illinois has two kinds, both set out in the Illinois Power of Attorney Act, 755 ILCS 45. A power of attorney for property covers money and property. A power of attorney for health care covers medical decisions. They can be separate documents or one.

Without one, someone may have to ask the court to appoint a guardian for your money and property. In Winnebago County those are guardianship cases with the Circuit Clerk at the courthouse, 400 W. State St in Rockford.

Your agent's power over your property ends when you die. What happens next

What Rick handles

• Powers of attorney for property
• Powers of attorney for health care
• One document that covers both, where that suits you
• Naming a backup agent in case your first choice cannot act
• Signing with the witness and the notary Illinois requires
• Replacing or revoking a power of attorney you signed before

Questions to think about first

• Who do you trust to act for you, and who would step in if they cannot?
• Which affairs do you want them to handle: money, property, health decisions, or all of these?
• When should their authority start?

Signing it properly

Illinois sets rules for the signing. A property power has to be signed in front of a witness and notarized. A health care power needs a witness who is at least 18. The law bars some people from witnessing, and for a property power from acting as the notary: among them your doctor or other treating professional and their relatives, the owner or operator of a care facility where you live or are a patient and their relatives, a parent, sibling or descendant of you or of your agent (or the spouse of one), and any agent or backup agent (755 ILCS 45/3-3.6, 755 ILCS 45/4-5.1).

Questions and answers

Before you sign, know how the two kinds work. Power of attorney questions in Illinois

• What is the difference between a power of attorney for property and for health care?
• When does a power of attorney take effect?
• When does a power of attorney end?
• Does a power of attorney have to be notarized in Illinois?
• Can my doctor be my health care agent?
• Can I cancel a power of attorney?
• What does my agent have to do?
• What happens if I cannot decide for myself and have no power of attorney?

When to call

Before a surgery or a long trip. When a parent starts needing help with bills. When you sign or update a will.

What to have ready

The full names and addresses of the people you want as agent and as backup, and any power of attorney you signed before.

The first conversation

Rick asks what you want each agent to be able to do, and what you do not want them to do. He explains each power in the form before it goes in, so you know what it allows before you sign.