A valid power of attorney enables a person to make health care and financial decisions on behalf of someone else. The requirements for a valid power of attorney, however, are strict, and any failure to satisfy them can render the document invalid. You can avoid this problem by hiring an Oak Brook power of attorney lawyer to prepare the document that you need.

Our trust and estate attorneys at the Estate and Probate Legal Group focus their efforts on drafting power of attorney documents that serve our clients’ purposes. When you retain a lawyer from our firm to draft your power of attorney forms, you can save time and money while being confident that the documents will meet your objectives and comply fully with the requirements of the Illinois Power of Attorney Act.

What Are the Differences Between Health Care and Financial Power of Attorney Documents?

Your Oak Brook attorney can explain the fine differences between a durable power of attorney for health care (POA-HC) and a durable power of attorney for property and other financial issues (POA-P). Effective representation requires both documents, as health care decisions and financial matters are legally distinct and should not be combined into one single form.

POA-HC

A POA-HC, which is sometimes called a health care proxy, designates a trusted individual to make health care decisions when you cannot make those decisions on your own behalf due to some incapacity. Those decisions might include whether to continue certain treatments, pursue life support, or donate organs upon death. In many cases, a POA-HC is part of a broader advance health care directive that directly expresses your wishes for the medical treatment you would want if you were unable to speak.

POA-P

A POA-P can designate the same or a different trusted individual to manage your financial, business, and legal affairs. A POA-P can be limited to specific matters and have an automatic termination date, or it can assign broad authority with no time limit or end date. An attorney from the Estate and Probate Legal Group can provide guidance on protecting your interests if you intend to execute a POA-P.

Common Power of Attorney Issues

The best way to avoid problems with power of attorney documents is to work with an experienced legal professional. A lawyer from our Oak Brook team can prepare a detailed power of attorney tailored to your purposes. People who use generic forms that have not undergone legal review may have to deal with:

  • Designated agents who exceed the power and authority granted to them
  • Rejection of an agent’s authority by a health care provider or financial institution
  • Drafting errors that keep the power of attorney from accomplishing its desired purpose
  • Power of attorney documents that were never fully revoked or cancelled, and conflict with powers of attorney executed at a later date
  • Questions and challenges over whether the person who executed the power of attorney had the capacity and clarity of mind to grant the authority specified in the document

The power of attorney team at the Estate and Probate Legal Group will help you prevent these and other complications. If someone has designated you as their agent and your authority has been questioned, we can also help you resolve the matter and verify the authority vested in you.

Call a Power of Attorney Lawyer in Oak Brook Today

Rather than risk problems at inopportune times, you can take a more strategic approach by consulting with an Oak Brook power of attorney lawyer from the Estate and Probate Legal Group well before the situation devolves into an emergency. We will thoroughly review your situation and provide custom documents granting the necessary powers and authority to your trusted agents.