How to Get Power of Attorney Over Parents in Illinois
- 1). Have both parents use separate documents. An individual can only grant her own power of attorney, not someone else's. Even if both parents want to convey power of attorney to the same person, it is best to have separate documents for each parent. You may use a single document for both parents, but it will need to be very clear what each parent is granting and to whom.
- 2). Name the agent and the principal. Powers of attorney convey one person's right to make decisions to another person or organization. The person giving away the power is called the principal, while the person given the power is the agent. Name the parties in the POA document. If multiple or alternate agents are used, be sure to name these too.
- 3). List the powers. Powers of attorney can allow agents to act in specified areas or in certain situations. They can also grant broad powers, allowing the agent to make any decision the principal can make. No matter what power is conveyed, you need to make sure the POA document details it thoroughly.
- 4). Detail durability. Durable powers of attorney last even after the principal has become unable to make decisions. Unless you want the powers of attorney to end if the parents become sick or otherwise incapacitated, make sure the power of attorney explicitly grants durable powers to the agent.
- 5). Sign the documents and have them notarized. After the documents are complete, both parties need to sign. The agent can sign without notarizing his or her signature, wile the principal should have the document notarized. If multiple or alternate agents are named, or separate POA documents are used for different powers, make sure the right parties sign each document. Have the documents notarized to make it easier to deal with third parties, who may not recognize POA documents that are not notarized.