Subject Index Power of Attorney

Unreasonable and reasonable causes outlined for refusing to honor statutory short form power of attorney

November
2024
Illinois Law Update
, Page 18
The Illinois General Assembly amended the Illinois Power of Attorney Act. It is now unreasonable for a third party to refuse to honor a properly executed statutory short form power of attorney (POA) for one or more of the following reasons: it is not on a form the third party prescribes, regardless of any form the terms of any account agreement requires; lapse of time since the execution of the POA; lapse of time between the date of signature of the principal and date of acceptance by the agent; the document does not have an original signature, witness, or notarization, but has a properly executed certification; or the document appoints an entity as an agent.

Behind the Curtain

By Ed Finkel
April
2024
Cover Story
, Page 18
When banks deny access to those with powers of attorney, and what to do about it.
1 comment (Most recent June 1, 2024)

Instant Karma

By Robert S. Held
April
2024
Article
, Page 26
A fiduciary relationship is created when a power of attorney is signed.
1 comment (Most recent April 12, 2024)

Presumption of undue influence or fraud can apply to a spouse holding a power of attorney when engaging in self-dealing 

November
2023
Illinois Law Update
, Page 18
On Aug. 1, 2023, the Fifth District of the Illinois Appellate Court held that there is a presumption of undue influence or fraud when a spouse transfers funds to themselves from a dependent spouse pursuant to a power of attorney.

Involuntary administration of medication permissible, even against recipient’s health care power of attorney’s wishes

December
2022
Illinois Law Update
, Page 12
On Sept. 22, 2022, The Illinois Supreme Court upheld an order for involuntary administration of psychotropic medications after a power of attorney refused treatment.

A self-dealing transaction conducted by someone acting under a POA creates a rebuttable presumption of fraud

June
2018
Illinois Law Update
, Page 16
The Illinois Appellate Court affirmed an order granting summary judgment in favor of the plaintiffs who sued for breach of fiduciary duty and conversion.

No fiduciary duty for POA successor agents, high court rules

By Matthew Hector
August
2017
LawPulse
, Page 12
A recent Illinois Supreme Court ruling makes life less perilous for successor agents of POAs for property.

Estate Planners Adopt and Adapt the New HCPOA Form

By Ed Finkel
April
2015
Cover Story
, Page 20
Illinois has a new, plain-language statutory health care power of attorney, and lawyers are getting used to it – and, in some cases, tweaking it to suit their practices.
2 comments (Most recent March 27, 2015)

Lawyers as POA Agents, Estate Planning for Digital Assets

March
2015
Column
, Page 48
Can you be the agent for your client's POA? And what about digital art in estate planning?
1 comment (Most recent March 5, 2015)

Agent-Swapping POAs and More

December
2014
Column
, Page 596
Should a health care POA swap out agents after a triggering event?

New guidance for power of attorney in Illinois

December
2014
Illinois Law Update
, Page 572
The General Assembly added a definition of "health care agent" to the Illinois Power of Attorney Act.

POAs in paradise, severance agreements and unemployment compensation

September
2014
Column
, Page 449
Is an Illinois POA for property valid in Florida? That and more gleaned from ISBA discussion groups.

A more user-friendly statutory POA for health care

By Janan Hanna
April
2014
LawPulse
, Page 162
Proposed legislation would revise the HCPOA form to make it easier to understand and help principals better communicate their wishes about end-of-life treatment.
1 comment (Most recent March 28, 2014)

Putting Spring in Your POAs

December
2013
Column
, Page 640
Should you put springing clauses in your health care and property POAs?
2 comments (Most recent December 12, 2013)

Defending Your Principals: Suing Agents Under the Revised Illinois Power of Attorney Act

By Ray J. Koenig & MacKenzie A. Hyde
October
2012
Article
, Page 548
Suits against POA agents for breach of fiduciary duty and other claims are growing more common. Here's an in-depth review.

Get Ready for the New Illinois Power of Attorney Act

By Mary D. Cascino
November
2010
Article
, Page 568
A sweeping rewrite of this important Act creates new statutory POA forms for healthcare and property that better protect principals, agents, and third parties. Here's what you need to know - and see the link to new statutory forms on page 569.
7 comments (Most recent November 8, 2010)

The POA Act amendment that wasn’t

By Helen W. Gunnarsson
May
2010
LawPulse
, Page 230
Have you gotten that press release saying the Illinois Department of Public Health has "mandated new language" for healthcare POAs? Well, it hasn't.

Correspondence from Our Readers

December
2008
Column
, Page 602
The even more perilous world of POA agents.

The Perilous World of POA Agents

By Helen W. Gunnarsson
August
2008
Cover Story
, Page 398
They're responsible for tedious recordkeeping, and they risk raising the family's ire - even being sued. Who wants this thankless job?

What’s a POA agent worth?

By Helen W. Gunnarsson
August
2008
LawPulse
, Page 384
 Agents are entitled to reasonable compensation. But what's reasonable?

Stepping up the fight against elder abuse

By Helen W. Gunnarsson
July
2008
LawPulse
, Page 334
A leading elder-rights advocate says the Illinois legislature and judiciary can do more to prevent and identify elder abuse.

Of Principals and POAs: When Clients Need Protection from Themselves

By Helen W. Gunnarsson
November
2007
Cover Story
, Page 580
What can we do for elderly clients who aren't making good financial decisions because they aren't fully competent?

Estate Planning for the Rest of Us

By Helen W. Gunnarsson
October
2007
Cover Story
, Page 520
Most people don't have estates large enough to owe tax when they die. But they still need estate-planning advice.

POA amendments help protect incapacitated principals

By Helen W. Gunnarsson
September
2006
LawPulse
, Page 458
The new law empowers the Department of Aging and its provider agencies to go to court to require agents to produce their records, which will help authorities identify and stop abuse.

POA perils

By Helen W. Gunnarsson
August
2006
LawPulse
, Page 398
The supreme court's opinion in In re Winthrop is valuable reading for attorneys who sometimes find themselves preparing a power of attorney for Party A at the behest of Party B. 

Legislation Would Reduce Confusion for Health Care, Property POA Agents

By David A. Berek
May
2006
Column
, Page 262
Two important legislative proposals that estate planners should know about.

Can an incompetent principal revoke a POA?

By Helen W. Gunnarsson
April
2006
LawPulse
, Page 166
A recent fourth district opinion raises this and other questions. 

HIPAA and POAs revisited

By Helen W. Gunnarsson
March
2005
LawPulse
, Page 110
Experts still say you shouldn't have to amend your POAs to make them HIPAA compliant, but maybe it's better to be safe than sorry.

Correspondence from Our Readers

November
2004
Column
, Page 558
A "usable, current summary".

The Challenge of Representing Mentally Impaired Clients

By Helen W. Gunnarsson
October
2004
Cover Story
, Page 518
You think your client's judgment might be impaired – must you do what he asks? Can you talk to the family? A look at governing law.

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