How Do I Change the Successor Agent in A Power of Attorney in Illinois?
Full Question:
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.)
