As estate planning attorneys in Lincolnshire, we often explain that a Power of Attorney (POA) is one of the most important documents a person can create when planning for the future. While wills and trusts determine how property will be distributed after death, a POA protects an individual during life—especially in cases of illness, incapacity, or absence. Illinois law provides specific rules for these documents, and understanding how they work is critical to ensuring personal and financial matters are handled properly.
A Power of Attorney allows a trusted person, called an “agent” or “attorney-in-fact,” to act on behalf of another individual, known as the “principal.” Under the Illinois Power of Attorney Act (755 ILCS 45/1-1), this authority can encompass financial decisions, healthcare choices, or both. Having a properly drafted POA ensures that someone can manage essential affairs without court intervention if the principal becomes incapacitated. Without it, loved ones may need to seek guardianship through the courts, which can be costly, time-consuming, and emotionally taxing.
Illinois recognizes two primary types of POAs: the Power of Attorney for Property and the Power of Attorney for Health Care.
Both forms can be durable, meaning they remain valid even if the principal becomes mentally incapacitated—a crucial feature for long-term planning.
A Power of Attorney is not only for the elderly. Unexpected accidents or illnesses can leave anyone temporarily or permanently unable to make decisions. By having these documents in place, individuals retain control over who manages their affairs and how decisions will be made.
Without a POA, Illinois courts must appoint a guardian under 755 ILCS 5/11a-3, which can take weeks or months. During this period, critical bills, medical treatments, or business obligations may go unaddressed. A well-drafted POA prevents this disruption by granting immediate and lawful authority to someone chosen by the principal, rather than a court-appointed guardian.
Many people mistakenly assume that online forms or templates are sufficient. However, these generic documents often fail to comply with Illinois law or cover unique personal circumstances. For instance, a POA may not include necessary language to allow real estate transactions or may appoint an agent without appropriate restrictions. Under 755 ILCS 45/2-10, a POA must be signed before a notary and one witness, or it will not be valid.
Additionally, failing to update a POA after major life events—such as marriage, divorce, or the death of an appointed agent—can create serious complications. Regular reviews with an attorney ensure the document remains current and enforceable.
Selecting the right person to serve as an agent is one of the most important decisions in estate planning. This individual must be trustworthy, responsible, and capable of acting in the principal’s best interests. Under 755 ILCS 45/2-7, agents must act with honesty, diligence, and good faith. They are legally obligated to avoid conflicts of interest and keep detailed records of all actions taken on behalf of the principal.
Many clients choose a spouse, adult child, or close friend. However, in cases where family conflict or complexity is expected, appointing a professional fiduciary or co-agent may be more appropriate.
A POA should never stand alone. It functions best when integrated with other estate planning tools, such as wills, trusts, and healthcare directives. Together, these documents ensure continuity of control, minimize court involvement, and protect assets across every stage of life. For instance, a revocable living trust may manage long-term asset distribution, while a POA ensures financial obligations are met during the principal’s lifetime.
As attorneys, we often create coordinated estate plans that reflect both financial and medical priorities, ensuring that each document supports the others under Illinois law.
A durable Power of Attorney remains valid even if the principal becomes incapacitated, while a non-durable one ends at the moment of incapacity. In Illinois, most POAs are drafted as durable to maintain protection during medical emergencies.
Yes. Under 755 ILCS 45/2-6, the principal can revoke a POA at any time by signing a written revocation and providing copies to the agent and any relevant institutions. Revocation automatically occurs upon the principal’s death.
Yes. A principal may appoint co-agents to share authority or act independently. However, this structure can create conflict if agents disagree, so it should be approached carefully with legal guidance.
No. A POA is effective only during the principal’s lifetime. It expires at death, at which point the will or trust takes over to distribute assets.
Yes, but only if the POA expressly grants that authority under 755 ILCS 45/3-4. Without specific wording, title companies and banks may refuse to honor real estate transactions.
Without a valid POA, a family member must petition the court for guardianship under 755 ILCS 5/11a-3. This process can delay critical decisions and increase legal costs.
The principal should keep the original in a secure but accessible place, while copies should be given to the appointed agent, attorney, and any relevant financial or medical institutions.
At Orlowsky & Wilson, we help clients create legally sound, customized estate plans that include carefully drafted Powers of Attorney. Our firm ensures each document complies with Illinois law, reflects the client’s intentions, and provides maximum protection in case of incapacity.
Contact our Lincolnshire estate planning lawyers at Orlowsky & Wilson (847) 325-5559 to schedule a consultation. Our Lincolnshire-based firm serves clients throughout Chicago and the surrounding communities, providing trusted estate planning services for individuals and families who want peace of mind and legal security for the future.
