Legal Question in Wills and Trusts in Illinois

Re: Signing as Power of Attorney for Property

For the healthcare power, it should be relatively easy. If the health care provider has a copy, they should turn to you for decisions in any situation where your husband is not able to for himself. It should alos help you get answers to questions and have access to his records.

For the property power, you need to read very cadrefully what it says. The agent has only those powers that are specifically granted. *If* it is a typical statutory Illinois POA, then it *should* be accepted at any time during your husband's life. However, these are not trouble-free documents and banks are wary of acting on them. They may ask you to prove that he is still alive and that it has not been revoked. I would suggest that you point to the statutory provision that protects banks who rely on them, and holds those liable that reject a legitimate use.

Sometimes it helps to have an attorney talk to them to set them straight. Good luck and best wishes this holiday season.

Re: Signing as Power of Attorney for Property

Sign his name.