New Illinois Power of Attorney Act
Mary D. Cascino (attorney, Chicago, IL) recently published her article entitled Get Ready for the New Illinois Power of Attorney Act, 98 Ill. B.J. 568 (Nov. 2010). The summary is below:
The stated purpose of the Power of Attorney Act is to recognize that each individual has the right to appoint an agent to deal with property or make personal and healthcare decisions for him or her, to insure that the agent is empowered to act even if the principal is incapacitated or disabled, and be sure that third-party reliants will honor the agent’s authority at all times by limiting a reliant’s liability.
The legislature found that it is in the public interest to provide standardized forms of powers of attorney for property and healthcare so the individual can design the power of attorney best suited to his or her needs in a simple fashion and be assured that the agent’s authority will be honored
The purpose and intent of the original Power of Attorney Act remains. The revisions in the recently adopted statute further that intent and purpose while providing additional safeguards for principals, agents and third-party reliants and minimizing the potential for abuse.