How do I get power of attorney for my senior parent in Illinois?

If you or a loved one are currently living in a senior living community or receiving at-home senior care in Illinois, then it is likely that you have come across the concept of Illinois power of attorney before. If you are unfamiliar with the concept of power of attorney, but foresee yourself one day either needing or providing senior living or at home senior care, then it is important to familiarize yourself with both the broad legal concept of power of attorney, as well as how it is applied and enforced in the state of Illinois. While you should always consult a local Illinois attorney before drafting or signing a power of attorney document for your senior parent, follow this guide to familiarize yourself with how to get power of attorney for your senior parent in Illinois.

What is power of attorney?

Before diving into the specifics of power of attorney law in Illinois, it’s helpful to start with some background on what power of attorney is and how a power of attorney relationship is formed. At a high level, power of attorney is the legal mechanism whereby one individual (known as “the principal” in power of attorney law) grants another individual (known as the principal’s “agent”) the legal power to do something on the principal’s behalf. Power of attorney can be used to accomplish nearly any task, big or small, with the scope and duration of the power of attorney relationship being controlled by the power of attorney document that the principal signs.

Because power of attorney allows one individual to act on behalf of another individual, it is often a necessary tool for adult children who are helping their senior parents manage their finances or healthcare. Sometimes this help takes the form of accomplishing a single, specified task such as when an adult child helps their senior parent sell their home. In other cases, power of attorney is used to provide more long-lasting support, such as when an adult child is empowered to make medical and financial decisions on behalf of their senior parent who has become incapacitated and is unable to do so for themself.

Finally, a power of attorney relationship can be structured to only spring into effect upon the occurrence of a pre-selected event, such as a senior parent becoming incapacitated. In fact, one of the main uses of power of attorney in the senior living and senior care context is for a senior to establish a plan for who will take care of them should they become unable to look after themself. Many elder law and estate specialists suggest having a power of attorney document in place for this very reason.  

Types of Illinois power of attorney

Illinois law recognizes many different types of power of attorney relationships. While you should always consult a local Illinois attorney before signing or drafting a power of attorney document, the following types of Illinois power of attorney will give you an idea of the solutions that may be available to help yourself or your senior loved ones.

Durable Power of Attorney in Illinois

Illinois law recognizes durable power of attorney, which is a form of power of attorney that remains in effect even after the principal becomes incapacitated (if a power of attorney isn’t durable, then it will normally cease to be in effect if the principal becomes incapacitated). A durable power of attorney is often used as part of estate or end of life planning as it allows your senior parent to decide who will make decisions on their behalf should they become unable to do so themselves. In order to create a durable power of attorney in Illinois, the power of attorney document must include language indicating that the grant of power of attorney will continue even after the principal has become incapacitated. 

Illinois Financial Power of Attorney

One of the most common forms of Illinois power of attorney is a financial power of attorney. A financial power of attorney allows you to manage the finances of, and engage in transactions on behalf of, your senior parent. A financial power of attorney does not require your parent to be incapacitated or otherwise unable to manage their own affairs, and is often employed where a senior parent may be able to handle their own finances, but would prefer to let their adult child do so. Common instances where a senior parent might sign a financial power of attorney include having an adult child handle the sale of their home or file their annual taxes.

While you should always consult an Illinois attorney before drafting or signing a power of attorney form, the Illinois state government provides a statutory short form power of attorney form as a template.

Illinois Healthcare Power of Attorney

Another common form of Illinois power of attorney is a healthcare power of attorney. As its name suggests, an Illinois healthcare power of attorney allows an agent to make medical and healthcare decisions on the principal’s behalf. A healthcare power of attorney can provide your senior parent with a strong sense of relief that their healthcare decisions are being made by someone they know and trust. 

As with a financial power of attorney form, or really any power of attorney form, you should consult a local Illinois attorney before drafting or singing an Illinois healthcare power of attorney form. In the meantime, the Illinois state government also provides a statutory short form template for healthcare power of attorney.

Creating Illinois Power of Attorney

The requirements to create a power of attorney relationship in Illinois are similar to those found in other states. While the requirements for specific types of Illinois power of attorney may vary, in general a power of attorney must be in a signed document that names an agent, as well as their powers and responsibilities (as well as any other limitations, such as if the power of attorney is durable). This document must then be signed by the principal, generally in front of at least one witness and sometimes also in front of a notary public. An Illinois financial power of attorney, for example, must be signed in front of a witness and a notary public, while an Illinois healthcare power of attorney must only be signed by the principal and one witness, but not a notary. 

To learn more about how Sunbound can help make senior living more affordable for you or your loved one, send us an email at info@sunboundhomes.com or request more information on Sunbound. Sunbound is the best way to pay for senior living and is on a mission to make senior living affordable for everyone.