There are many different types of POAs, each needing their own notarized form to be officially recognized by the courts. This article will discuss the four types of power of attorney for property most commonly used in Illinois.
Limited Power of Attorney
Also termed as Special POA in some areas, Limited POAs are the simplest and most fittingly named. Their powers are granted only for a limited time and for specific tasks, such as signing the deed to a property or making sure the title to a car is signed at a time during which the owner is unable to be there in person. These kinds of POAs are limited in scope and the agent’s authority usually ends on a date specified in the document.
General Power of Attorney
A General POA is one of the most common types and the one that gives another individual the same decision-making rights that the principal has. The powers that come with a General POA include more day-to-day functions such as paying bills, making insurance claims, and transferring any financial assets the principal may have. This POA is arguably one of the most powerful, but authority ends when the principal dies or becomes incapacitated.
Durable Power of Attorney
A bit like General POAs, but with one additional caveat; Durable POAs have acting rights in the principal’s name should he or she become incapacitated. In this sense, incapacitated could mean medically (such as a coma or becoming bedridden), mentally (getting admitted to a psychiatric ward), or legally (getting incarcerated and held in jail or prison). If the principal does not have a Durable POA named before his or her incapacitation, the courts appoint a conservator or guardian. Durable POA rights also end the moment the principal is able to legally act in his or her own right again.
Springing Power of Attorney
A sort of hybrid between Limited and Durable POA, Springing DOAs have the capability to act on behalf of the principal upon incapacitation, but before that point, they have no legal rights to act in the person’s name. With a Durable or Springing POA, it is very important to determine the scope and definition of incapacitation.
