• March 24, 2019, 03:09:18 PM

Login with username, password and session length

Welcome to ILLINOIS PRISON TALK, www.illinoisprisontalk.org - A Family Support Forum and Information Center for those interacting with the Illinois Department of Corrections. IPT members are comprised of family/friends of inmates, prison reform activists, ex-offenders, prisoner rights advocates and others interested in the well-being of Illinois prisoners. We encourage open discussion but please be tolerant of other's opinions. This website is protected by Copyright © 2006-2019. All rights reserved. There are some private forums that require registration, please register.

Author Topic: Power of Attorney Question  (Read 28657 times)

0 Members and 1 Guest are viewing this topic.

Offline MHerring

  • Jr. member
  • **
  • Posts: 23
  • Karma: 0
Re: Power of Attorney Question
« Reply #20 on: February 28, 2019, 11:06:10 PM »
Is there a form on here for just general poa

Offline 3tenjen

  • Full member
  • ***
  • Posts: 111
  • Karma: 2
Re: Power of Attorney Question
« Reply #21 on: March 01, 2019, 07:19:46 AM »


General Durable Power of Attorney
Effective Upon Execution

I, [Name] a [married / unmarried][man / woman] who resides at [address, city, county, state], designate [Attorney-In-Factís Name] as my attorney in fact (the agent) to act for me, if I should become disabled or legally incapacitated. This document shall become effective upon the date of my disability or legal incapacity and shall not otherwise be affected by my disability or legal incapacity.

        Authority to Act. This power of attorney is effective upon my disability or legal incapacity. My agent is authorized to act as indicated below in my name, place and stead in any way which I myself could do if I were personally present, to the full extent that I am permitted by law to act through an agent.
         
        Powers of Agent. The Agent shall have the full power and authority to manage and conduct all of my affairs, and to exercise my legal rights and powers, including those rights and powers that I may acquire in the future, including the following:
         
            Collect and Manage. To collect, hold, maintain, improve, invest, lease, or otherwise manage any or all of my real or personal property or any interest therein;
             
            Buy and Sell. To purchase, sell, mortgage, grant options, or otherwise deal in any way in any real property or personal property, tangible or intangible, or any interest therein, upon such terms as the Agent considers proper, including the power to buy United States Treasury Bonds that may be redeemed at par to pay federal estate tax and to sell or transfer Treasury securities;
             
            Borrow. To borrow money, to execute promissory notes for borrowed money, and to secure any obligation by mortgage or pledge.
             
            Business and Banking. To conduct and participate in any kind of lawful business of any nature or kind, including the right to sign partnership agreements, continue, reorganize, merge, consolidate, recapitalize, close, liquidate, sell, or dissolve any business and to vote stock, including the exercise of any stock options and the carrying out of any buy sell agreement; to receive and endorse checks and other negotiable paper, deposit and withdraw funds (by check or withdrawal slips) that I now have on deposit or to which I may be entitled in the future in or from any bank, savings and loan, or other institution;
             
            Tax Returns and Reports. To prepare, sign, and file separate or joint income, gift, and other tax returns and other governmental reports and documents; to consent to any gift; to file any claim for tax refund; and to represent me in all matters before the Internal Revenue Service;
             
            Safe Deposit Boxes. To have access to any safety deposit box registered in my name alone or jointly with others, and to remove any property or papers located therein;
             
            Proxy Rights. To act as my agent or proxy for any stocks, bonds, shares, or other investments, rights, or interests I may now or hereafter hold;
             
            Legal and Administrative Proceedings. To engage in any administrative or legal proceedings or lawsuits in connection with any matter herein;
             
            Transfers in Trust. To transfer any interest I may have in property, whether real or personal, tangible or intangible, to the trustee of any trust that I have created for my benefit;
             
            Delegation of Authority. To engage and dismiss agents, counsel, and employees, in connection with any matter, upon such terms as my agent determines;
             
            Other Matters. _______________________________________________________
             
        Restrictions on Agentís Powers. Regardless of the above statements, my agent:
            Cannot execute a will, a codicil, or any will substitute on my behalf;
             
            Cannot change the beneficiary on any life insurance policy that I own;
             
            Cannot make gifts on my behalf;
             
            Cannot exercise any powers that would cause assets of mine to be considered taxable to my agent or to my agentís estate for purposes of any income, estate, or inheritance tax; and
             
            Cannot contravene any medical power of attorney I have executed whether prior or subsequent to the execution of this Power of Attorney.
             
        Durability. The Agent shall be under no duty to act on my behalf and shall incur no liability to me or to my estate for failing to take any action under this power of attorney before receiving written notice from two licensed physicians that, because of either disability or incapacity, I am unable to attend to financial matters, in which case the agent shall immediately begin to act for me.
         
        Reliance by Third Parties. Third parties may rely upon the representations of the Agent as to all matters regarding powers granted to the Agent. No person who acts in reliance on the representations of the Agent or the authority granted under this Power of Attorney shall incur any liability to me or to my estate for permitting the Agent to exercise any power prior to actual knowledge that the Power of Attorney has been revoked or terminated by operation of law or otherwise.
         
        Indemnification of Agent. No agent named or substituted in this power shall incur any liability to me for acting or refraining from acting under this power, except for such agentís own misconduct or negligence.
         
        Original Counterparts. Photocopies of this signed Power of Attorney shall be treated as original counterparts.
         
        Revocation. I hereby revoke any previous Power of Attorney that I may have given to deal with my property and affairs as set forth herein.
         
        Compensation. The Agent shall be reimbursed for reasonable expenses incurred while acting as Agent and may receive reasonable compensation for acting as Agent.
         
        Substitute Agent. If [NAME] is, at any time, unable or unwilling to act, I then appoint [NAME2], presently residing at [ADDRESS] as my Agent to serve with the same powers.
         
        Appointment of Guardian or Conservator. In the event that a court decides that it is necessary to appoint a guardian or conservator for me, I hereby nominate [Name], presently residing at [Address], to be considered by the court for appointment to serve as my guardian or conservator, or in any similar representative capacity.
         
        Choice of Law. All questions concerning the validity and construction of this Durable Power of Attorney shall be determined under the laws of [State Name].

Dated: [DATE]

_______________________________
[NAME]

Signed in the presence of:

_______________________________
[NAME], Witness

_______________________________
[NAME], Witness

Notarization

State of ________________

County of ________________

On [DATE], [NAME OF GRANTOR] appeared before me and proved to my satisfaction that [he/she] is the person whose name is subscribed to this Durable Power of Attorney, and acknowledged the due execution of the foregoing instrument.

____________________________________
[Notary's Name]
Notary Public, [COUNTY, STATE]
My commission expires ______________.





"ILLINOIS STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY

1. (NOTICE: THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR
"AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO PLEDGE, SELL
OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR
APPROVAL BY YOU. THIS FORM DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED
POWERS; BUT WHEN POWERS ARE EXERCISED, YOUR AGENT WILL HAVE TO USE DUE CARE TO ACT FOR
YOUR BENEFIT AND IN ACCORDANCE WITH THIS FORM AND KEEP A RECORD OF RECEIPTS, DISBURSEMENTS
AND SIGNIFICANT ACTIONS TAKEN AS AGENT. A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF
IT FINDS THE AGENT IS NOT ACTING PROPERLY. YOU MAY NAME SUCCESSOR AGENTS UNDER THIS FORM
BUT NOT CO-AGENTS. UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THIS POWER IN THE MANNER
PROVIDED BELOW, UNTIL YOU REVOKE THIS POWER OR A COURT ACTING ON YOUR BEHALF TERMINATES
IT, YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN AFTER
YOU BECOME DISABLED. THE POWERS YOU GIVE YOUR AGENT ARE EXPLAINED MORE FULLY IN SECTION 3-
4 OF THE ILLINOIS "STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY LAW" OF WHICH THIS
FORM IS A PART (SEE THE BACK OF THIS FORM). THAT LAW EXPRESSLY PERMITS THE USE OF ANY
DIFFERENT FORM OF POWER OF ATTORNEY YOU MAY DESIRE. IF THERE IS ANYTHING ABOUT THIS FORM
THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.)
POWER OF ATTORNEY made this ...... day of ...... (month) ...... (year)
1.I, ............................................................................., (insert name and address of principal)
hereby appoint:
...
(insert name and address of agent)
as my attorney-in-fact (my "agent") to act for me and in my name (in any way I could act in
person) with respect to the following powers, as defined in Section 3-4 of the "Statutory Short
Form Power of Attorney for Property Law" (including all amendments), but subject to any
limitations on or additions to the specified powers inserted in paragraph 2 or 3 below:

(YOU MUST STRIKE OUT ANY ONE OR MORE OF THE FOLLOWING CATEGORIES OF POWERS YOU DO NOT
WANT YOUR AGENT TO HAVE. FAILURE TO STRIKE THE TITLE OF ANY CATEGORY WILL CAUSE THE POWERS
DESCRIBED IN THAT CATEGORY TO BE GRANTED TO THE AGENT. TO STRIKE OUT A CATEGORY YOU MUST
DRAW A LINE THROUGH THE TITLE OF THAT CATEGORY.)

(a) Real estate transactions.
(b) Financial institution transactions.
(c) Stock and bond transactions.
(d) Tangible personal property transactions.
(e) Safe deposit box transactions.
(f) Insurance and annuity transactions.
(g) Retirement plan transactions.
(h) Social Security, employment and military service benefits.
(i) Tax matters.
(j) Claims and litigation.
(k) Commodity and option transactions.
(l) Business operations.
(m) Borrowing transactions.
(n) Estate transactions.
(o) All other property powers and transactions.

(LIMITATIONS ON AND ADDITIONS TO THE AGENT'S POWERS MAY BE INCLUDED IN THIS POWER OF
ATTORNEY IF THEY ARE SPECIFICALLY DESCRIBED BELOW.)

2.The powers granted above shall not include the following powers or shall be modified or
limited in the following particulars (here you may include any specific limitations you deem
appropriate, such as a prohibition or conditions on the sale of particular stock or real estate or
special rules on borrowing by the agent):
...
...
...
...
3.In addition to the powers granted above, I grant my agent the following powers (here you may
add any other delegable powers including, without limitation, power to make gifts, exercise
powers of appointment, name or change beneficiaries or joint tenants or revoke or amend any
trust specifically referred to below):
...
...
...
...
(YOUR AGENT WILL HAVE AUTHORITY TO EMPLOY OTHER PERSONS AS NECESSARY TO ENABLE THE AGENT
TO PROPERLY EXERCISE THE POWERS GRANTED IN THIS FORM, BUT YOUR AGENT WILL HAVE TO MAKE ALL
DISCRETIONARY DECISIONS. IF YOU WANT TO GIVE YOUR AGENT THE RIGHT TO DELEGATE
DISCRETIONARY DECISION-MAKING POWERS TO OTHERS, YOU SHOULD KEEP THE NEXT SENTENCE,
OTHERWISE IT SHOULD BE STRUCK OUT.)

4.My agent shall have the right by written instrument to delegate any or all of the foregoing
powers involving discretionary decision-making to any person or persons whom my agent may
select, but such delegation may be amended or revoked by any agent (including any successor)
named by me who is acting under this power of attorney at the time of reference.

(YOUR AGENT WILL BE ENTITLED TO REIMBURSEMENT FOR ALL REASONABLE EXPENSES INCURRED IN
ACTING UNDER THIS POWER OF ATTORNEY. STRIKE OUT THE NEXT SENTENCE IF YOU DO NOT WANT YOUR
AGENT TO ALSO BE ENTITLED TO REASONABLE COMPENSATION FOR SERVICES AS AGENT.)

5.My agent shall be entitled to reasonable compensation for services rendered as agent under this
power of attorney.

(THIS POWER OF ATTORNEY MAY BE AMENDED OR REVOKED BY YOU AT ANY TIME AND IN ANY MANNER.
ABSENT AMENDMENT OR REVOCATION, THE AUTHORITY GRANTED IN THIS POWER OF ATTORNEY WILL
BECOME EFFECTIVE AT THE TIME THIS POWER IS SIGNED AND WILL CONTINUE UNTIL YOUR DEATH UNLESS
A LIMITATION ON THE BEGINNING DATE OR DURATION IS MADE BY INITIALING AND COMPLETING EITHER
(OR BOTH) OF THE FOLLOWING:)

6.( ) This power of attorney shall become effective on .....................................................................................
(insert a future date or event during your lifetime, such as court determination of your disability, when you want this
power to first take effect)

7.( ) This power of attorney shall terminate on .....................................................................................
(insert a future date or event, such as court determination of your disability, when you want this power to terminate
prior to your death)

(IF YOU WISH TO NAME SUCCESSOR AGENTS, INSERT THE NAME(S) AND ADDRESS(ES) OF SUCH
SUCCESSOR(S) IN THE FOLLOWING PARAGRAPH.)

8.If any agent named by me shall die, become incompetent, resign or refuse to accept the office
of agent, I name the following (each to act alone and successively, in the order named) as
successor(s) to such agent:
...
...
For purposes of this paragraph 8, a person shall be considered to be incompetent if and while the
person is a minor or an adjudicated incompetent or disabled person or the person is unable to
give prompt and intelligent consideration to business matters, as certified by a licensed physician.

(IF YOU WISH TO NAME YOUR AGENT AS GUARDIAN OF YOUR ESTATE, IN THE EVENT A COURT DECIDES
THAT ONE SHOULD BE APPOINTED, YOU MAY, BUT ARE NOT REQUIRED TO, DO SO BY RETAINING THE
FOLLOWING PARAGRAPH. THE COURT WILL APPOINT YOUR AGENT IF THE COURT FINDS THAT SUCH
APPOINTMENT WILL SERVE YOUR BEST INTERESTS AND WELFARE. STRIKE OUT PARAGRAPH 9 IF YOU DO
NOT WANT YOUR AGENT TO ACT AS GUARDIAN.)

9.If a guardian of my estate (my property) is to be appointed, I nominate the agent acting under
this power of attorney as such guardian, to serve without bond or security.

10.I am fully informed as to all the contents of this form and understand the full import of this
grant of powers to my agent.
Signed .................................................................
(principal)

(YOU MAY, BUT ARE NOT REQUIRED TO, REQUEST YOUR AGENT AND SUCCESSOR AGENTS TO PROVIDE
SPECIMEN SIGNATURES BELOW. IF YOU INCLUDE SPECIMEN SIGNATURES IN THIS POWER OF ATTORNEY,
YOU MUST COMPLETE THE CERTIFICATION OPPOSITE THE SIGNATURES OF THE AGENTS.)

Specimen signatures of agent (and successors) I certify that the signatures of my agent (and
successors) are correct
........................................................................ ..................................................................................................
(agent) (principal)
........................................................................ ..................................................................................................
(agent) (principal)
........................................................................ ..................................................................................................
(agent) (principal)

(THIS POWER OF ATTORNEY WILL NOT BE EFFECTIVE UNLESS IT IS NOTARIZED AND SIGNED BY AT LEAST
ONE ADDITIONAL WITNESS, USING THE FORM BELOW.)
State of .................... )
) SS.
County of ................... )
The undersigned, a notary public in and for the above county and state, certifies that
........................................................., known to me to be the same person whose name is
subscribed as principal to the foregoing power of attorney, appeared before me and the additional
witness in person and acknowledged signing and delivering the instrument as the free and
voluntary act of the principal, for the uses and purposes therein set forth (, and certified to the
correctness of the signature(s) of the agent(s)).
Dated: ............................... (SEAL)
....................................................................
Notary Public
My commission expires ..............................
The undersigned witness certifies that ________________________________, known to me to
be the same person whose name is subscribed as principal to the foregoing power of attorney,
appeared before me and the notary public and acknowledged signing and delivering the
instrument as the free and voluntary act of the principal, for the uses and purposes therein set
forth. I believe him or her to be of sound mind and memory.
Dated: ............................... (SEAL)
....................................................................
Witness
(THE NAME AND ADDRESS OF THE PERSON PREPARING THIS FORM SHOULD BE INSERTED IF THE AGENT
WILL HAVE POWER TO CONVEY ANY INTEREST IN REAL ESTATE.)
This document was prepared by...

Offline 3tenjen

  • Full member
  • ***
  • Posts: 111
  • Karma: 2
Re: Power of Attorney Question
« Reply #22 on: March 01, 2019, 07:20:35 AM »
I copied and pasted it. You can too and put into a word doc and mail to him to fill out and have notarized. Maybe thatíll work?

Offline Father

  • Support Staff
  • Full member
  • *****
  • Posts: 191
  • Karma: 23
Re: Power of Attorney Question
« Reply #23 on: March 01, 2019, 09:30:27 AM »
Remember there are different POA's for different circumstances.  I had one for my son that allowed me full control and my wife had one for her ailing mother that allowed financial and medical needs. 

I went to court for my son to get certain charges expunged while he was incarcerated.  The Judge and Prosecutor didn't like it but they were wrong on many points they tried to bring up and I was eventually successful.  The new expungement laws are in place for those who have been charged but not convicted and the state actors at the local level do not like them.

Offline 3tenjen

  • Full member
  • ***
  • Posts: 111
  • Karma: 2
Re: Power of Attorney Question
« Reply #24 on: March 01, 2019, 10:45:24 AM »
Correct Father. I have the legal one, with full control. There is also a medical one. I donít need that but certainly some circumstances do.

Offline kristyski1

  • Jr. member
  • **
  • Posts: 30
  • Karma: 6
Re: Power of Attorney Question
« Reply #25 on: March 01, 2019, 01:42:22 PM »
I also have a general POA. My loved one got help from his law library to get the proper paperwork and have it notarized. Then he sent me a copy.