Powers of Attorney

Experienced Illinois Powers of Attorney Law Firm

A complete estate plan not only addresses what happens to assets and dependents after the principal's death, it also makes legal arrangements for the principal's care in cases of incapacity. Powers of attorney are documents that allow an attorney-in-fact to manage financial, legal and health care matters if the principal is physically or mentally unable to do so. A knowledgeable attorney is needed to create the powers of attorney that best suit a client's needs. At the law firm of Momkus McCluskey, LLC, our attorneys are skilled in creating comprehensive estate plans that include powers of attorney.

Using Different Types of Powers of Attorney

Powers of attorney are only used while the principal is alive to assist the principal with property and financial affairs as well as health care decisions. They must be created and signed by the principal when that person is mentally competent to do so. Otherwise, the document is not legally binding.

The lawyers at our firm are well-versed in all of the different types of powers of attorney and how they are used in an estate plan. These include:

• Power of Attorney for Property—Allows an agent, sometimes also referred to as attorney-in-fact, to handle all the property and financial affairs of the principal including bank accounts, business matters, investments, contract issues, real estate matters, etc. when the principal is unable to handle them.
• Limited power of attorney—Provides for an agent to act on the principal's behalf only in specific circumstances such as for the sale of a house.
• Health Care Power of Attorney—Allows the named agent to make health care decisions for the principal if the principal is disabled and cannot make such decisions. This differs from a living will, which expresses wishes with regard to life-sustaining measures.

Revoking Powers of Attorney

Powers of Attorney are terminated at the principal's death. Alternatively, if appropriate, the power of attorney document can be drafted with an expiration date. A principal may also amend or revoke a power of attorney for property at any time and in any manner effectively communicated to the agent or others involved in the subject matter of the agency. On the other hand, a health care power of attorney can be revoked in a number of ways including written revocation, oral statement or other expression of intent to revoke the agency (which occurs in front of a qualified witness), or, by destruction of the document which clearly shows an intent by the principal to revoke the document. Our attorneys are practiced in all of the legalities of powers of attorney and assist clients in creating and managing these documents according to their interests. One of the largest firms in DuPage County, we have offices in Lisle, IL and downtown Chicago to meet with clients.

To schedule a consultation with an experienced estate planning attorney versed in powers of attorney, contact Momkus McCluskey, LLC.