Sharping Law

Services • Powers of Attorney

Powers of Attorney

Make sure trusted people can step in to handle your affairs and healthcare decisions if you're ever unable to.

Adult child speaking with elderly parent

What is a power of attorney?

A power of attorney (POA) is a legal document that authorizes someone you trust called an "agent" to make decisions on your behalf if you're unable to make them yourself.

Unlike wills and trusts, which take effect after you pass away, powers of attorney protect you while you’re still alive. They’re essential for situations like a serious illness, an accident, or temporary incapacity — moments when you need someone trusted to act for you.

Illinois has specific statutory forms and rules for powers of attorney. Documents that aren’t drafted correctly may be rejected by banks, hospitals, or other institutions when they’re needed most. We make sure yours comply with Illinois law and actually work in real-world situations.

Why everyone needs these documents

Powers of attorney aren’t just for the elderly or sick. They matter for any adult, because incapacity can happen at any age:

Without these documents in place, your family may need to go to court to gain authority — a process that’s expensive, slow, public, and emotionally exhausting.

FAQ

Common questions about POAs

When does a power of attorney take effect?

It depends on how the document is drafted. Some POAs take effect immediately upon signing (called “durable” POAs). Others only take effect if you become incapacitated (called “springing” POAs). We’ll discuss which approach fits your preferences.

Theoretically, yes, which is why choosing a trustworthy agent is the most important decision. The law requires agents to act in your best interest, and we can build in safeguards like requiring two agents to act together, periodic reporting, or limited authority for certain decisions.

Your family may need to petition the court for a guardianship, an expensive, slow, and public process. The court (not you) decides who has authority over your finances and healthcare. A POA prepared in advance avoids all of this.


Yes. Each spouse needs their own set of POAs naming agents (often each other, with successor agents in case both spouses are unavailable). Marriage doesn’t automatically grant your spouse authority over your healthcare or finances in all situations.

Yes, as long as you’re mentally competent. POAs can be revoked or replaced at any time. We recommend reviewing them every few years or after major life changes especially divorce, the death of an agent, or moving to a new state.

Sometimes, but they often miss important details. Generic forms may not address your specific concerns, may not be properly executed for Illinois, and frequently get rejected by banks or hospitals when they’re needed.

Get your POAs in place

Don’t leave your family scrambling if something unexpected happens. Putting these documents in place is straightforward — let’s get it done.