Power of attorney in Metropolis, Illinois grants one person to make specific decisions for another, under specific 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 truly become incapacitated. Presumably, if you are able to make and express your own medical decisions, you'll want to do it yourself.
In Metropolis, 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 Metropolis, Illinois
There are 3 general arrangements that power of attorney can involve in Metropolis, Illinois. They are:
1. Limited power of attorney - this permits the attorney-in-fact to act on your behalf on a single subject, in one instance. This is a good option if you are involved in a business transaction happening in another state or country. Suppose you want to buy a house on the other side of the country, and just need to sign a few papers to complete the deal. Rather than incurring the expense of traveling there, you could give limited power of attorney to a third party who lives in that state, and they can sign the paperwork for you, finalizing the deal. The power you've granted them would expire automatically once the deal is done.
2. Durable power of attorney - this gives the attorney in fact the power to make decisions on a general area of the principal's affairs (for instance, the authority to access the principal's assets to pay the principal's debts, or the power to make healthcare decisions on behalf of the principal). Unlike limited power of attorney, durable power of attorney does not expire unless the principal revokes it. This is useful, because it permits the attorney-in-fact to make important decisions for the principal if the principal becomes incapacitated.
3. Springing power of attorney - this is a lot like durable power of attorney, but it does not typically take effect immediately. Alternatively, the power vests on the occurrence of specific condition(s) laid out by the principal. The principal could make the condition anything he or she wants, authorizing power of attorney to vest only if, say, a person flies to Saturn. Of course, these arrangements are typically not so outlandish. Typically the event that must take place is the principal becoming incapacitated. This grants the principal to make his or her own decisions while they're able, but also ensures that someone they trust will be able to carry out their wishes in the event that they become too sick or weak to express them.
Can a Metropolis, Illinois Lawyer Help?
While setting up power of attorney in Metropolis, Illinois can be simple, there are some cases in which it will inevitably be convoluted. In such cases, the process will be much easier if you have a reliable attorney to help you along the way.