Legal Question in Wills and Trusts in Illinois
I recently purchased a prepared on line durable power of attorney. I am satisified with the context of the document. It was signed and notarized. It is guaranteed by the company who sold this form that it is legal once it is signed and notarized. What is your professional opinion on this document? Susan Hub er
2 Answers from Attorneys
There would not be any way to say without looking at it and, honestly, I think many attorneys would charge less to prepare a standard Illinois statutory form than to review another document. If the online company sold you the statutory form, something that is included right in Illinois law and available on several websites, then you paid unnecessarily. If it is not the statutory form or an outdated version, then it is likely it will not be as widely accepted when needed as the current common form sanctioned directly in state law. So, again, you probably paid unnecessarily. Your most certainty in a power of attorney being accepted when needed, perhaps when you are no longer in a position to exercise authority or grant any power, is to have an attorney properly prepare the statutory durable power of attorney.
Take the power of attorney into a bank or other place where you might want it to be used and ask if the bank or other institution would honor the document upon presentment.