Section Newsletters

Articles on Power of Attorney

Power of Attorney Act Modified to Allow Action for Denial of Visitation By William A. Price General Practice, Solo, and Small Firm, November 2023 Governor Pritzker signed SB 55 into law as Public Act 103-055, amending the Illinois Power of Attorney Act.
Choosing a Legal Guardian Requires Vigilance on the Part of the Court By Amir Vala Tavangar Commercial Banking, Collections, and Bankruptcy, October 2022 A lasting power of attorney is a very powerful document—in 2020, more than 1,400 concerns of abuse of power of attorneys and guardianships were filed to the Office of Public Guardian.
Problems with powers of attorney By John R. Russell Trusts and Estates, August 2018 There is no reason a bank should reject a validly executed power of attorney, and if this happens, the threat of legal action might convince the bank to cooperate.
3 comments (Most recent August 27, 2018)
Giving power to your Powers of Attorney By Alan R. Press Trusts and Estates, February 2016 The author has compiled a list of items to consider when drafting a power of attorney.
1 comment (Most recent February 16, 2016)
Practice tip for Florida POAs By Eugenia C. Hunter Senior Lawyers, October 2015 A look at the form used by the fraud prevention department of a national bank for an account in Florida.
Powers of attorney: Protecting your clients now and in the future By Paul A. Meints Trusts and Estates, June 2013 The author offers a clause for "non-statutory" power of attorney.
Casenote By John W. Foltz Elder Law, June 2011 The facts of Carlson v. Glueckert illustrate the difficulty for a layman in preparing their own power of attorney.
Illinois legislative update: Power of attorney updates & alerts By Mary Cascino Trusts and Estates, June 2011 Recent updates to Property and Health Care Powers in Illinois.
1 comment (Most recent July 14, 2011)
A question of health By Jay S. Goldenberg Trusts and Estates, November 2010 Suggested language to add to a statutory form so that medical information can be released to a designated person other than the primary Health Care Agent.
1 comment (Most recent October 28, 2010)
Not just a bill By Mary Cascino Elder Law, June 2010 HB 6477, which revises the Illinois Power of Attorney Act to minimize abuses, has passed the Illinois General Assembly and is ready for the Governor to sign.
Not just a bill By Mary Cascino Trusts and Estates, May 2010 HB 6477, which revises the Illinois Power of Attorney Act to minimize abuses, has passed the Illinois General Assembly and is ready for the Governor to sign.
Where the “rubber meets the road”: Advance directives in action By Daniel M. Moore, Jr. Elder Law, February 2010 You have helped a client plan ahead with advance directives such as the health care and property powers of attorney and possibly a living trust. Unless death is sudden, the efficacy of all three of these is going to depend upon the seamlessness of the transition when time for action has arrived.
Who is my client and what are my responsibilities under a power of attorney? By Myles Jacobs & Robert Duffin Real Estate Law, April 2007 You represent Bill and Mary in a transaction selling to Jack.
Legislation update of interest to the general practitioner By J.A. Sebastian General Practice, Solo, and Small Firm, July 2006 The following is a summary of recent legislative action of interest to ISBA General Practice, Solo and Small Firm section members.
New amendment to Power of Attorney Act strengthens Elder Abuse Program By Lee Beneze Elder Law, June 2006 Language originally drafted by the Power of Attorney Revision Committee of the Elder Law Section Council was signed into law the second week of June.
Casenote: In re Peter DeForest Winthrop, Attorney, Respondent, 2006 WL 724822 (March 2006) By John W. Foltz Elder Law, May 2006 This case note will only review the issues raised concerning the attorney’s duty with regard to drafting the power of attorney. 
What I tell my clients about Powers of Attorney By David R. Abell Elder Law, November 2005 Enclosed are drafts of powers of attorney for property and health care and an authorization for use and release of medical information which we have prepared at your request.
Sample client letter regarding Health Care Powers of Attorney, Living Wills and the Terri Schiavo matter By William M. Long Trusts and Estates, June 2005 We are writing to you today to alert you of some important developments in the area of advance medical directives, which generally include Powers of Attorney for Health Care and Living Wills.
What I tell my clients about Powers of Attorney By David R. Abell Trusts and Estates, June 2005 Enclosed are drafts of powers of attorney for property and health care and an authorization for use and release of medical information which we have prepared at your request.
Illinois Power of Attorney Act being reviewed for possible changes Elder Law, March 2005 The Elder Law Section Council has undertaken a major review of the Illinois Power of Attorney Act.
The effect of HIPAA on Powers of Attorneys By Amy Jorgensen Kain Elder Law, January 2005 In recent years the Health Insurance Portability and Accountability Act of 1996 (HIPAA) has crept into our lives in places that were not immediately identifiable upon the law going into effect.
Power Of Attorney: So simple yet so complicated By Thomas F. Hartzell General Practice, Solo, and Small Firm, June 2003 Power Of Attorneys are drafted for clients as part of their estate plan.
Case note: Agent’s power in short form power of attorney for property limited to powers granted by statute without additional language By John W. Foltz Elder Law, April 2003 On March 29, 2002, the appellate court made an important decision re-emphasizing the limitations of the language of the Statutory Short Form Power of Attorney for Property (SSFPOA).
Using and interpreting powers of attorney By John F. Erbes Elder Law, April 2003 A question was posed on one of the ISBA listservs recently about the proper method of utilizing an Illinois Statutory Short Form Power of Attorney for Property
Powers of attorney from the title company perspective following AMCORE Bank v. Hahnaman-Alrecht By Richard F. Bales Real Estate Law, March 2002 AMCORE Bank v. Hahnaman-Alrecht, Inc., et al., No. 2-00-1462, a second district case, contains some valuable lessons for real estate attorneys who are fond of using powers of attorney.

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