Illinois Bar Journal


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Articles on Power of Attorney

Estate Planners Adopt and Adapt the New HCPOA Form By Ed Finkel April 2015 Article, 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.
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?
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.
Putting Spring in Your POAs December 2013 Column, Page 640 Should you put springing clauses in your health care and property POAs?
Defending Your Principals: Suing Agents Under the Revised Illinois Power of Attorney Act By Ray J. Koenig and 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.
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 Article, 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 Article, 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 Article, 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 Article, 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.
Are Statutory Health Care POAs HIPAA-Compliant? By Helen W. Gunnarsson June 2004 Article, Page 302 Do your health care POA forms pass HIPAA muster? Read and find out.
The perils of POA agency By Helen W. Gunnarsson August 2003 LawPulse, Page 374 Serving as agent under a durable power of attorney for property is a good deed that, too often, does not go unpunished.
Honor thy POA By Helen W. Gunnarsson July 2003 LawPulse, Page 326 What can you do when a bank refuses to honor a duly executed POA for property? Here are some suggestions.
Helping Clients Make the Most of Health-Care and Property POAs By Daniel M. Moore, Jr. January 2003 Article, Page 35 Pointers on using advance directives to help clients avoid guardianship and make life-and-death decisions before they lack capacity.
POA Act Amendments: The Revised Statutory Short Form By James F. Dunneback July 2001 Article, Page 367 Highlights of recent changes to the POA Act.
The Lawyer’s Journal By Bonnie C. McGrath May 2001 Column, Page 226 Arbitration clauses in employment contracts are enforceable; visit the Illinois Supreme Court Web site; and more.