Legal Question in Wills and Trusts in Illinois
Last year I purchased on line for Illinois Resident only a durable power of attorney form. I filled up the necessary info and signed and notarized it. I was guaranteed by Legalform.com it is legally accepted in the state of Illinois. I am asking for your professional advice will I encounter any problems in the event comes, I need to use it. I am the Attorney in fact, he signed it.
He has dementia. We are selling our house in the next 2 years.
. Thanks for any help and I desperately need one.
3 Answers from Attorneys
Without reviewing the document it is impossible to advise you. You should contact an attorney in your area to assist you with the real estate transaction and to review the document you have.
Even a perfectly drafted legal document is only as good as the person on the other side of the transaction thinks it is. You may find selling real estate under a power of attorney may be difficult. Talk to a real estate attorney to discuss how any sale of the real estate would be closed.
If he suffered from dementia at the time that he signed the Power of Attorney (POA), then other family members, state agencies, state-sponsored agencies, and the person who signed the POA (or someone on his behalf) can later argue that it is invalid. If he lacked the capacity to understand his affairs, then he very likely also lacked the capacity to sign a POA and, instead, Guardianship should be pursued. An Illinois Court can slap harsh personal penalties on you, as Agent, if that POA is invalid or has been misused. I strongly advise you to consult with an attorney before you take any action under that POA.
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