Legal Question in Elder Law in Illinois

Re: general power of attorney

No. Will must either by signed by the testator, or by someone else in the testator's presence and at the testator's direction.

Re: general power of attorney

An agent under a Power of Attorney for Property has no authority to change a will or create a new one. An agent, unless the instrument specifically provides otherwise, has an affirmative duty to preserve any existing estate plan, including any existing beneficiary designations. Further, unless the POA document specifically provides, a POA has no authority to create or revoke a trust, including a revokable living trust.

Re: general power of attorney

General power of attorney means nothing. You must have a power of attorney for property, and a seperate one for health care. The power of attorney specifically sets out your powers, has a start date and an end date. This is to prevent fraud. Instead of changing the will, you might consider a living trust. That will bypass a will.You will not need to probate the trust, and your brother can revoke the will by tearing it up.Please call me at 773-237-3516. Attorney George M. Zuganelis