Power Of Attorny

Important Power of Attorney Information

Power of attorney is a legal document that gives you (the agent) authority to act on behalf of someone else (the principal) regarding financial, legal, or health care matters.

If you have power of attorney over a loved one but are not the next of kin, your authority over their affairs ceases with death and is then transferred to the nearest next of kin (regardless of estrangement). Unless the decedent has prearranged their funeral, the approval of the next of kin (or simple majority in the case of multiple next of kin, i.e. adult children or siblings) is required in order to make necessary decisions about the decedent's remains. These decisions include permission to embalm, permission to cremate, etc.

If your loved one has not yet passed away and is still of sound mind, they may execute the change themselves by filling out the Appointment of Agent to Control Disposition of Remains form, or update their Illinois Power of Attorney for Health Care. Whichever form they choose, your loved one must sign and date it willingly. The signing must also be verified by a notary or adult witnesses to make it legally binding.

If your loved one is no longer mentally capable of signing new legal documents, the paperwork cannot be amended. In this situation, the right of disposition will automatically fall to the legal next of kin based on the strict hierarchy under the Illinois Disposition of Remains Act (starting with a surviving spouse, then adult children, then parents, then siblings).