Legal Question in Wills and Trusts in Illinois

Re: The strength of power of attorney

My general question would be -- was this a statutory power of attorney? [recognizable by a dozen initial lines in caps telling the person what they're signing, and places to fill in or not to fill in.

The reason I ask -- Illinois has designed a general atatutory form (one should still have an attorney to guide in thinking about what to fill in) which *should* carry a lot of weight. The statute specifically says it doesn't bar others that don't comply with this, this is just supposed to be a safe harbor. But the statutory must be witnessed and notarized -- was that done?

Incidentally you're not alone, I go through this at least annually with my own clients, and mine *are* statutory powers.

Okay -- my first step in this kind of situation is to tell the person -- "thank you, may I speak to your supervisor". They're clerks dealing with routine matters -- power of attorney is above their pay grade. going to the next level usually resolves about 80% of problems (this is generic, besides powers issues). It gets somebody who can either approve or at least refer for legal guidance -- not always an answer by the way. With the mergers and acquisitions going on, I recently had a bank manager seeking legal advice from Michigan -- on a matter of state law.

I'm enclosing the link to the statute on powers of attorney:

http://www.legis.state.il.us/ilcs/ch755/ch755act45articles/ch755act45Sub3.htm

you might print that out & take it along.

Finally, you just may have to hire an attorney to cope with the banks.

by the way, if it *isn't* a statutory power it would be worth it to get a new one done, as long as he's capable of doing so.

Re: The strength of power of attorney

Obtain a copy of the statute relating to POA's. If this is a short-form power, there are penalties for failing to honor a valid POA.

Re: The strength of power of attorney

I agree with the previous response, however I am curious regarding the document you show to third parties. Was the document prepared by an attorney? What are the details of the document?

Disclosure: The information provided herein is for informational purposes only. This response should not be construed as creating an attorney client relationship.