Legal Question in Family Law in Illinois

Revoking a Power of Attorney or Legal Guardianship

Under Illinois law, every agency created by a Power of Attorney may be amended or revoked by the principal at any time and in any manner communicated to the agent or to any other person related to the subject matter of the agency, except that revocation and amendment of health care agencies are governed by Section 4-6 of this Act [755 ILCS 45/4-6]. That Section provides that every health care Power of Attorney may be revoked by the principal at any time, without regard to the principal's mental or physical condition, by any of the following methods: �1.By being obliterated, burnt, torn or otherwise destroyed or defaced in a manner indicating intention to revoke; 2.By a written revocation of the agency signed and dated by the principal or person acting at the direction of the principal; or 3.By an oral or any other expression of the intent to revoke the agency in the presence of a witness 18 years of age or older who signs and dates a writing confirming that such expression of intent was made.�

Guardianships and powers of attorney are separate things. Generally, the guardian of a minor or disabled adult is appointed by a court. These types of guardianships cannot be summarily revoked, except by a court of competent jurisdiction.

There is a form of guardianship � a short-term guardianship � which is created by a parent over a minor, or created by an existing guardian of a minor or disabled adult. A short-term guardian is not appointed or approved by a court and one need not seek court approval to revoke the powers of a short-term guardian. Under Illinois law, �every appointment of a short-term guardian may be amended or revoked by the appointing parent or by the appointing guardian of the person of the minor at any time and in any manner communicated to the short-term guardian or to any other person.� With regard to disabled adults, �every appointment of a short-term guardian may be amended or revoked by the appointing guardian at any time and in any manner communicated to the short-term guardian or to any other person.�

Re: Power of Attorney and Legal Guardianship

These are two separate issues. Did you give the power of attorney? What is the nature of the guardianship?