New Illinois Power of Attorney Act

New Illinois Power of Attorney Act:   Effective on July 1, 2011, the Illinois General Assembly via Public Act 96-1195, has made sweeping changes of the Illinois Power of Attorney Act.  The goals of the changes in the New Illinois Power of Attorney Act were to make the statutory forms more user-friendly, yet more protective of the principal from financial or physical abuse.

The major changes will be:

  • The agent’s standard of care is elevated
  • More oversight of the agent’s actions
  • Expanded remedies against an agent who abuses his/her fidiciary responsibilites
  • New form provides notice to an agent under a POA for property, describing his/her responsibilities
  • New form provides default provisions for co-agents in a nonstatutory POA for property
  • Limitations on witnesses to the execution of a POA, to avoid  conflicts of interest
  • The latest changes in response to HIPAA and the Disposition of Remains Act are incorporated into the POA for Healthcare
  • Deletes the term “irreversible coma”, with replacements in compliance with the Health Care Surrogate Act

Dolomites, Covara Italy

 

For more information on Statutory Short Form Power of Attorney for Property

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To contact Christine C. Karr or schedule a free consultation

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