Legal Question in Wills and Trusts in Illinois
If someone is given power of attorney in a will and the principal is still healthy, both physically and mentally, does that agent have any powers in the decisions or actions of said principal? Or in other words, does power of attorney allow a agent to make decisions for a principal who is stiil in control of their mental faculties and in good health? Thank you, Brad
1 Answer from Attorneys
The terms of the Power of Attorney will determine the effective date. I would have to review the document in order to provide an answer. Generally, Powers of Attorney are their own documents (separate from the Will). Property Powers should only be effective upon the principal's incapacity. Unfortunately, I have seen many that are effective upon signing, which unintentionally gives the agent authority over the principal's assets.
Feel free to contact me if you are interested in having the document reviewed or have additional questions. (773)991-8423 or [email protected].
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