Full question:
My wife is disabled and I have POA over her affairs. I need to change the designated backup POA person. How do I do this?
- Category: Power of Attorney
- Date:
- State: Illinois
Answer:
A power of attorney may be revoked or amended by the principal, as long as the principal isn't incapacitated. It should be revoked or amended in writing, with a copy delivered to the agents. It may be clearer in the event of a later dispute to revoke an old document and redraft a new document than to revise an existing document.
The following is an IL statute:
(755 ILCS 45/2‑5) (from Ch. 110 1/2, par. 802‑5)
Sec. 2‑5. Duration of agency ‑ amendment and revocation. Unless the agency states an earlier termination date, the agency continues until the death of the principal, notwithstanding any lapse of time, the principal's disability or incapacity or appointment of a guardian for the principal after the agency is signed. Every agency may be amended or revoked by the principal at any time and in any manner communicated to the agent or to any other person related to the subject matter of the agency, except that revocation and amendment of health care agencies are governed by Section 4‑6 of this Act except to the extent the terms of the agencies are inconsistent with that Section.
(Source: P.A. 86‑736.)
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
