Legal Question in Wills and Trusts in Illinois

Re: how to recognize an invalid power of attorney in a health case

Your question does not indicate whether the Power of Attorney (POA) is the IL short form for Property, Health Care, or is another form. Either Illinois POA short form (i.e. the form and words approved by Illinois statutes) is revocable orally, so you can have no absolute assurance that the POA is valid. the POA Health Care form, used for medical decisions, does not require a notarization, just a witness. And, failure to sign the form acknowledging the signature of the agent does NOT invalidate the form, if it is otherwise correctly signed by the principal and witnessed (health care) or notarized and witnessed (property).

A POA for health care, and presumably visitations, cannot apply to property decisions directly. Of course, there is a risk that limiting access to the principal will lead to a situation of undue influence.

If you are concerned, you should see a lawyer, and consider bringing a court action on behalf of the principal for guardianship, if there is doubt about the validity of the POA.

Our comments are based on the question you asked, and your question is being treated by us as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

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