Granting a power of attorney could be a leap of faith, but it does not have to make you feel anxious. Sometimes you need to ask someone else to act for you, either because you are unable to do so yourself, or you are too far away.

If you are unclear about what it may mean to create a document that lets someone act on your behalf, it might be a wise idea to speak to an attorney. A Naperville power of attorney lawyer may be able to help you to decide if this measure is appropriate for you.

When Might Someone Grant a Power of Attorney?

The Illinois Power of Attorney Act states that the grantor, called the principal, may limit the scope and duration of the agent’s ability to act for them. Principals might allow another person to perform some of the following actions for them:

  • Paying creditors
  • Managing bank accounts
  • Supervising investments
  • Buying or selling real estate

A competent Naperville power of attorney counsel may provide a client with other useful examples of granted duties.

Durable Power of Attorney Explained

Per the Durable Power of Attorney Law, which has been codified by 755 ILCS 5/2-2, a principal may execute a document of authorization in preparation for a later time when they could have diminished capacity. Per the statute, an individual might be deemed incapacitated if a physician has examined them and determined that they lack decision-making capacity.

A principal in Naperville is permitted by 755 ILCS 5/2-4 to indicate in a durable power of attorney when they would like the agency to begin. For example, they could stipulate that they consent to a proxy acting on their behalf during all periods of unconsciousness. If they regain consciousness, they could then rescind the power of the agent.

A durable power of attorney might be limited to only healthcare decisions during periods of hospitalization, or the authorizations can be broader. Under 755 ILCS 5/2-5, unless the document states otherwise, a durable power of attorney ceases when the grantor has passed away. A diligent power of attorney counsel in Naperville may discuss other relevant aspects of the durable authorization during a consultation with interested clients.

Differences between Conservatorships and a Power of Attorney

A power of attorney and a conservatorship do have some similarities. Both might permit an agent to act on someone’s behalf. However, generally, a conservator begins to perform for a grantor who no longer has the capacity to make decisions on their own.

A power of attorney could be temporary, and it is revocable, while the principal has the capacity to rescind their consent. By contrast, a conservatorship usually lasts indefinitely while the grantor is incapacitated, but it could be revoked via a court order. An adept power of attorney lawyer in Naperville might be able to assist a client with either form of empowerment.

Confer with a Naperville Power of Attorney Lawyer

If you are feeling unsure about whether or not you should allow another person to act on your behalf, perhaps it is time to contact an attorney so you could have your questions answered. An experienced Naperville power of attorney lawyer may be able to provide further information about such documents so that you might feel more comfortable with your decision.

Call to speak with a capable, local legal professional. Appointments might be available today.