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Get started The Rocket legal forms and documents comply with current state laws. Also see Updating Your Power of Attorney to Comply with New Federal Laws.

Get started This article contains general legal information and does not contain legal advice.

An agency is subject to this Act to the extent it may be controlled by the principal, excluding agencies and powers for the benefit of the agent.(c-5) "Incapacitated", when used to describe a principal, means that the principal is under a legal disability as defined in Section 11a-2 of the Probate Act of 1975.

In simple terms, a Power of Attorney is a document by which one person (the Donor) gives authority to another person (the Attorney) to enable the Attorney to deal with the Donor’s affairs on behalf of the Donor.

The General Assembly recognizes that each individual has the right to appoint an agent to make property, financial, personal, and health care decisions for the individual but that this right cannot be fully effective unless the principal may empower the agent to act throughout the principal's lifetime, including during periods of disability, and have confidence that third parties will honor the agent's authority at all times.

The General Assembly finds that in the light of modern financial needs and advances in medical science, the statutory recognition of this right of delegation in Illinois needs to be restated, which will, among other things, expand the application and the permissible scope of the agent's authority, clarify the power of the individual to authorize an agent to make financial and care decisions for the individual and better protect health care personnel and other third parties who rely in good faith on the agent so that reliance will be assured.

As its name implies a GPA gives an Attorney general authority over the Donor’s property and financial affairs and is the simplest form of Power of Attorney.

It can be as wide reaching or as limited as the Donor wishes and it permits the Attorney to do anything that the Donor could have lawfully done themselves in relation to their property & financial affairs.

Before making any type of Power of Attorney, it must be established that the Donor has the requisite level of understanding (capacity).Nothing in this Act shall be deemed to authorize or encourage euthanasia, suicide or any action or course of action that violates the criminal law of this State or the United States.Similarly, nothing in this Act shall be deemed to authorize or encourage any violation of a civil right expressed in the Constitution, statutes, case law and administrative rulings of this State (including, without limitation, the right of conscience respected and protected by the Health Care Right of Conscience Act, as now or hereafter amended) or the United States or any action or course of action that violates the public policy expressed in the Constitution, statutes, case law and administrative rulings of this State or the United States.(a) "Agency" means the written power of attorney or other instrument of agency governing the relationship between the principal and agent or the relationship, itself, as appropriate to the context, and includes agencies dealing with personal or health care as well as property.Any power of appointment partially released by a written instrument signed by the donee or donees of such power shall be, in legal effect, as to such released part, completely revoked, and shall not after such release be subject to being exercised in any manner whatsoever as to such released part.All releases, in whole or in part, of powers of appointment heretofore executed in a manner that conforms with the provisions of this law be and they are hereby validated and shall be given the same force and effect as if executed subsequently to the effective date of this law.“Agent” means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney in fact, or otherwise.

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