Power of attorney in Maywood, Illinois allows one person to make certain decisions for another, under certain conditions. There are numerous reasons why one might grant power of attorney. However, most of them revolve around the possible incapacitation of the person authorizing the power - so that their wishes can be carried out even if they become unable to express them.
The principal is able to dictate the particular scope of the attorney-in-fact's authority. If you are giving someone power of attorney, you're probably planning on giving it to a close friend, family member, or life partner. The exact scope of the power is up to you, and will depend on what your goals are.
For instance, if you have very particular desires for your end-of-life care, but are worried that you won't be able to express your wishes when the time comes, you can grant someone power of attorney in advance, so they'll be able to ensure that your wishes are carried out, if necessary. You should draft an agreement giving the attorney-in-fact power of attorney only in the event that you actually become incapacitated. Presumably, if you are able to make and express your own medical decisions, you'll want to do it yourself.
In Maywood, Illinois, you can sometimes find pre-printed forms that let you easily draft a power-of-attorney agreement. However, if your situation is particularly complex, you should probably have a lawyer draft it for you, to ensure that the agreement is enforceable, or that there are no surprises.
Types of Power of Attorney Arrangements in Maywood, Illinois
There are 3 basic arrangements that power of attorney can involve in Maywood, Illinois. They are:
1. Limited power of attorney - limited power of attorney gives the attorney-in-fact the power to act on your behalf on a single issue, in a single transaction. For instance, if you are purchasing a house in another state, you may wish to grant limited power of attorney to a friend or relative who lives in that state, so they can sign all of the relevant documents on your behalf, so you don't have to incur travel expenses. For obvious reasons, you should only grant this authority to someone you trust. Once the transaction is complete, the power of attorney automatically disappears.
2. Durable power of attorney - unlike limited power of attorney, discussed above, this does not automatically expire, though the principal can dissolve it at any time. It is usually not limited to a single transaction, either. Rather, it covers a broader subject matter, though it still has limits. For instance, you could give someone durable power of attorney to make medical decisions for you, but they would only be allowed to act in that context.
3. Springing power of attorney - this is close to durable power of attorney, but the power is conditional. That is, it does not take effect unless some specific event takes place. This event can be anything. Most often, however, the agreement allows the attorney-in-fact to make important medical and financial decisions for the principal, only in the event that the principal becomes incapacitated. However, there are sometimes disagreements over whether or not a person is actually "incapacitated" to the point that the power of attorney has been triggered. This can lead to a court of law having to determine the issue.
Can a Maywood, Illinois Lawyer Help?
Creating a power of attorney agreement in Maywood, Illinois is not always easy. And even if the arrangement you want to set up is relatively simple, it might still be a good idea to have a lawyer go over it, just to make sure that there are no flaws that might keep it from being implemented.