Rules relating to durable powers of attorney are dealt with in Section 755 ILCS (Illinois Compiled Statutes Annotated) 45/2-1 et seq. of Chapter 755, Article II. This Article is known and cited as the “Durable Power of Attorney Law.” According to Section 755 ILCS 45/2-5, an agency’s authority continues until the death of the principal, unless the agency states an earlier termination date. Pursuant to Section 755 ILCS 45/2-6, an agent’s act during any period of disability, incapacity or incompetency of the principal has the same effect as if principal were competent and not disabled. An agency may be revoked by principal at any time and in any manner unless principal lacks capacity to revoke. Pursuant to Section 765 ILCS 5/28 OF Chapter 765, a power of attorney relating to or affecting the title to real estate in the state of Illinois should be recorded in the county in which such real estate is situated. As of 2015, a health care power of attorney that is effective on the incapacity of the principal may be effective immediately for the purposes of access to the principal’s medical and mental health records, to communicate with the principal’s personal physician(s) and to require an opinion of the physician as to whether the principal lacks the ability to make decisions for himself or herself.
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