Publications

Articles on Power of Attorney

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.

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
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.

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.

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