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.
On Sept. 22, 2022, The Illinois Supreme Court upheld an order for involuntary administration of psychotropic medications after a power of attorney refused treatment.
The Illinois Appellate Court affirmed an order granting summary judgment in favor of the plaintiffs who sued for breach of fiduciary duty and conversion.
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.
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.
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 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.
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.
