A power of attorney is a legal document authorizing another to act on your behalf. A power of attorney can be used to perform a variety of tasks.

Two common concerns prompting one to implement a power of attorney are: (1) you may become sick or disabled and unable to make decisions or give directions regarding your medical care; and (2) by reason of the illness or disability, you may be unable to conduct your day-to-day financial affairs like paying bills, depositing checks, filing tax returns, etc.

Illinois law provides for two kinds of power of attorney that address these concerns.

The first is Power of Attorney for Health Care. When you give someone Power of Attorney for Health Care, you are giving the person the power to make decisions about your medical care, which might include the type of treatment administered, admission care facilities, and the withdrawal of life-sustaining treatment. The Power of Attorney for Health Care may be limited or broad in scope, depending on how you direct that document to be drafted.

This is an important document to ensure that your healthcare and end of life decisions will be taken care of in a way that is best for you. The Power of Attorney for Health Care can be a flexible document and empower you to establish how end of life decisions, such as whether or not to use life sustaining measures such as life support, will be made.  Having a Power of Attorney prepared can relieve your loved ones of exceptionally challenging circumstances should you fall ill without a Power of Attorney for Health Care in place.

The second kind of power of attorney is a power of attorney for property. A Property Power of Attorney gives another person legal authority to manage your financial affairs. In the event of an unfortunate occurrence, this is an important document to ensure that your financial affairs will be taken care of in a way that is best for you.

Under a Property Power of Attorney, you empower your agent to engage in all transactions on your behalf specified by the language in the power of attorney. The power of attorney can be very broad and cover virtually any possible transaction, or it can be narrowly drawn limited to certain transactions or situations that you choose.

You should be cautious about your choice of agent and in defining the agent’s powers, because you are bound by all acts of the agent performed within the limits set forth in your power of attorney.

Both types of powers of attorney remain in effect during the period of time specified by you in the power, or until revoked.

Gretchen Neddenriep can counsel you on the best use of Powers of Attorney and draft these important legal documents.

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