What is a durable power of attorney?
A durable power of attorney is a legal document in which you give someone else the authority to act on your behalf. This document is a type of power of attorney commonly used in Illinois, and has special implications in regards to wills and probate law. A durable power of attorney is useful when you are unable to make decisions on your own due to illness, disability, or other limitations. This document allows you to name a trusted person to act in your stead, as your agent. This means that your agent can make decisions for you in regards to finances, business decisions, real estate transactions, and other matters that you would normally handle yourself. This document also takes effect if you become incapacitated or unable to make decisions. In this case the durable power of attorney remains in effect until you pass away or the document is revoked. In some cases, a durable power of attorney may also take precedence over a will, meaning that the person you name in the document is responsible for managing assets and making decisions as you have indicated. A durable power of attorney is an important document to consider when creating or updating your estate plan, and should be done in consultation with a professional lawyer or other qualified individual. It ensures that your wishes are carried out in the event that you are unable to do so yourself.
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