Sweeping Changes Coming to Illinois Law: the Power of Attorney Act
By: Alex Rechenmacher

The Illinois Power of Attorney Act (“Act”), 755 ILCS 45, will see major changes which will help make the law more ‘user-friendly’ and will add more protections to protect you from physical or financial abuse.

What is a Power of Attorney?

A Power of Attorney (“POA”) is a legal document which allows you to appoint an “agent” to make important decisions regarding your property and health care. These documents are a critical part of the estate planning process, allowing you to appoint someone that you trust, and give that person specific directions in the event that you cannot make those decisions for yourself anymore. Separate POA’s may be created for health care decisions and for decisions regarding property.

What are the major changes to the law?

While the Act will be very different in a number of ways, there are a few primary changes of which you should be aware. Essentially, the new Act:

Increases the standard of care for the appointed agent;
Expands potential lawsuits against abusive agents;
Provides notice to your POA agent, describing his or her responsibilities;
Names additional persons who may not act as a witness to the signing of the POA document to avoid conflicts of interest;
Incorporates the latest updates from major changes to health care law; and
Updates important medical terminology and references.
These welcome changes represent a growing concern in the Illinois legislature for better patient care, and to prevent financial and physical abuse of the sick and the elderly. The new statutory format also makes the process simpler and easier to understand for both the ‘principal’, who creates the document and the ‘agent’, who is appointed with these powers.

What if I already have a Power of Attorney? Will I need to create another one?

Not necessarily. The updated Act includes language which validates previously-executed POA’s, so long as they were valid at the time of execution. At the Law Offices of Edward P. Graham, Ltd., our Powers of Attorney are drafted in strict compliance with Illinois law. Therefore, if you created your POA with our office, it will continue to be valid. However, getting your Power of Attorney updated will give you the benefit of the added protections listed above.

If you have never created a POA, these changes should give you pause to consider what would happen if you were not able to manage your own affairs. Contact your attorney to find out how establishing powers of attorney will help you prepare for the future.