10231 South Western Avenue, 1st Floor, Chicago, IL 60643

phone312-973-3755

What Is a Durable Power of Attorney?

Posted on in Estate Planning

Chicago Estate Planning LawyerOf the different estate planning tools that a person can use to ensure that their wishes will be followed during their life and after their death, powers of attorney can be some of the most powerful and beneficial. When a person creates a power of attorney agreement, they will name someone who will have the legal authorization to make certain types of decisions on their behalf. In many cases, a power of attorney will be “durable,” ensuring that a person’s wishes will be followed correctly if they become unable to make decisions for themselves.

What Makes a Power of Attorney Durable?

The person who creates a power of attorney will give another person, known as their “agent,” the authority to make certain types of decisions. These decisions will depend on the type of power of attorney that is created. A power of attorney for healthcare will address decisions related to a person’s medical care and personal needs, and an agent may be able to address issues such as the forms of treatment a person will or will not receive, whether they should be admitted to a hospital or mental health facility, and whether they should receive life-sustaining treatment if they are terminally ill. A power of attorney for property will address financial decisions, and an agent may be able to manage a person’s income and assets, make purchases or investments, pay bills and expenses, or manage a business.

In some cases, a power of attorney may be created with a start and end date. These types of agreements may be used in cases where a person gives their agent the power to enter into financial transactions on their behalf or in situations where a person wants to have their agent make medical decisions for them when they are undergoing surgery or other forms of major medical treatment. However, durable powers of attorney are used in many cases, and these types of agreements will continue to apply if a person becomes incapacitated. 

A durable power of attorney will ensure that a person’s agent will be able to make decisions on their behalf, no matter what happens. A durable power of attorney for healthcare will allow an agent to make medical decisions for a person who is unconscious or in a coma or in situations where they experience physical or mental impairments that affect their ability to make decisions for themselves. A durable power of attorney for property will allow an agent to manage a person’s financial affairs when they are unable to do so on their own. When creating a durable power of attorney, it is important to use the proper language, fully detailing when the agreement will go into effect, what types of decisions an agent can and cannot make, and how a person will want certain matters to be handled.

Contact Our Beverly Power of Attorney Lawyer

At The Law Offices of Marques A. Eason, LLC, we can help you understand your options when creating a power of attorney, and we will make sure your agreement fully protects your rights and details your wishes. To get legal help with powers of attorney, as well as related issues such as living wills, contact our South Side of Chicago estate planning lawyer at 312-973-3755.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075500450HArt%2E+II&ActID=2113&ChapterID=60&SeqStart=300000&SeqEnd=1900000

Illinois State Bar Association Gate City Bar Association Cook County Bar Association Will County Bar Association
Back to Top