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Legal Staff News & Views Letters Powers of Attorney For Property... The power of attorney prevails over any guardianship proceeding. In the event a guardian is appointed, the guardian will have no power, duty or liability with respect to any property which is subject to the power of attorney agency unless the Court determines otherwise. 755 ILCS 5/11 a-18 (e) and 755 ILCS 45/2-10 The agent, pursuant to a power of attorney, cannot engage in self-dealing. The agent has a fiduciary duty to the principal and any transaction that benefits the agent will be presumed fraudulent. The agent then has the duty to overcome the presumption of fraud by clear and convincing evidence. Estate of Rybolt (1994) (4th Dist.) 258 Ill. App. 3d 886; Simmon v. Wilson (1997) (1st Dist.) 291 Ill. App. 3d 495. Unless specifically authorized in the
power of attorney, the agent has no authority to make any gifts of
the principal's property to the agent or any other person.
The agent has no duty to act but if action is taken, the agent must act with due care for the benefit of the principal. Section 2-7.5 of the Act (effective 6/9/2000) provides that the agent shall provide records of all the financial dealings when requested to do so by an agency making an assessment of a complaint of elder abuse or neglect or by a representative of the Office of the State Long Term Care Ombudsman investigating a complaint of financial exploitation of a nursing home resident. The agent in exercising authority shall take the principal's estate plan into account and attempt to preserve the plan and the agent may not revoke or amend a trust without specific authority and specific reference to the trust and this authority in the Power of Attorney. Effective June 9, 2000, the Illinois Legislature amended the Short Form Power of Attorney Act by requiring an additional witness sign and state the following as part of the document. "The undersigned witness certifies
that _________ known to me to be the same person whose name is subscribed
as principal to the foregoing Power of Attorney, appeared before me
and the Notary Public and acknowledged signing and delivering the
instrument as the free and voluntary act of the principal, for the
uses and purposes therein set forth. I believe him or her to be of
sound mind and memory. Statutory Short Form Power of Attorney For Property... The statutory short form set forth in the statute is not the exclusive form of Power of Attorney for property and any other form may be used. The use of the short form incorporates the statutory definitions set forth in 755 ILCS/45/3-4 to the same extent as if they were specifically set forth in the power of attorney. Powers of Attorney For Health Care... Powers of Attorney for Health Care are specifically provided for in the Illinois Statute 755/ILCS 45/4-1 et seq. The statutory short form authorizes the agent to make all of the health care decisions on behalf of the principal if the principal is not able to make those decision by himself or herself. The agent is authorized to a) consent to, authorize or refuse, withhold or withdraw consent to any type of medical care or treatment b) admit the principal to any hospital or other nursing facility c) arrange for all types of health services for the principal d) examine and copy all the principal's medical records e) make disposition of the principal's body after death. A person has the right to designate in writing a person or corporation to be appointed his or her guardian of the person and estate in the event he or she is adjudged to be a disabled person. 755 ILCS 5/11a-6. This is usually done in the Power of Attorney. Effective January 1, 2000 the Power of Attorney for Health Care Act was amended to specifically provide in the document that the agent has full power to make an anatomical gift of either (1) any organ or (2) specifically enumerated organs. The principal can, therefore, choose to restrict any anatomical gift to one or more body parts (755 ILCS 45/4-10) or may elect to make no anatomical gift. This should be discussed with the client so that the Power of Attorney is prepared in accordance with the client's wishes. Summer Fun and Events... For some outdoor fun why not go fly a kite? L.T. Trading Ltd., 4930 Main Street, Downers Grove has silk and nylon kites that easily assemble and disassemble. These are not the generic kites you find at a shopping mall. The wing span on some are over 7 feet wide! There are all kinds of birds and butterflies, etc. to choose from. The kites fold up so that you can use them again and again. For more information call 630-515-1563. July 17-22 - Kane County Fair - Featuring Bozo the Clown, Motorcycle thrill show, Sawyer Brown, Trace Adkins, the Big Hat Rodeo and a Demolition Derby. $2 parking fee + Admission. July 25-29 - DuPage County Fair - Featuring Tracy Lawrence, Aaron Tippin, Tractor & Truck Pulls, Lazy C. Rodeo, Demolition Derby, Pig Racing & Chain Saw Carving. Free parking; Admission. 630-668-6636 or check dupage county illinois on the internet. August 4 & 5 - Kane County Flea Market (Allegedly the largest in the nation). Sat. 12-5 p.m., Sun. 7 a.m. -5 p.m. $5 admission. August 24-26th - Kane County Rib Fest. Held at Kane County Cultural Events Center, Kirk Road & Cherry Lane, Geneva. Competitive rib vendors from across the country vie for best ribs, sauce, pork sandwiches and more, live music, carnival rides & children's activities. 630-208-9567 or at www.co.kane.il.us./kcevents for more information. August 25 - The All Night Flea Market - DuPage County Fair Grounds. An eclectic collection of vendors. Some trash, some treasurers and all fun. Free parking. Admission. Bring your flashlight!! September 14-16 - Festival of the Vine
- 10 a.m. to 9 p.m. in downtown Geneva. A harvest celebration with
music, food, wine tasting, craft show & antique carriage rides.
Free. 630-232-6060 for information. DRUNKEN CARROTS Cook carrots sticks in butter to brown slightly. Add other ingredients and cook until beer evaporates and carrots are glazed. Extras... If you are planning to spray paint lawn furniture or anything else, remove the nozzle after you finish and drop it into a small jar of paint thinner to keep it from clogging. Going out of town on vacation? Before you leave lay all of your credit cards, traveler's check and Ids on a photocopier and make a couple of copies. Leave one at home and carry one in your car. If your wallet is lost or stolen you will have the necessary information to replace them. Use tomato cages to protect small plants and shrubs or trees from lawn mowers & weed whackers. The "Alka Seltzer cure-all"
solutions: To clean vases or cruets, etc. drop two Alka Seltzer tablets
and fill with water. This solution is also supposed to clean jewelry-let
items sit for 2 minutes & rinse. To clean a thermos or coffee
carafe fill with water, add 4 tablets and let soak. To unclog a drain,
drop tablets down the drain followed by a cup of white vinegar-wait
a few minutes, then run the hot water. For information contact Gloria Norton at DuPage County Bar Association, 126 S. County Farm Road, Wheaton, IL 60187-4597, Telephone 630-653-7779, Fax to 630-653-7870 or E-Mail to: gnorton@dcba.org. |
