Can you name Co-Agents for Powers of Attorney in Illinois?

by Kevin Williams on Dec. 08, 2014

Estate 

Summary: Article regarding the use of co-agents under POAs in Illinois.

Technically, you are able to name co-agents for Powers of Attorney under Illinois law provided you do not use statutory short form Powers of Attorney.  However, the use of co-agents for Powers of Attorney are not recommended for a variety of reasons, as follows:

  Co-agents equally share in the authority for making all decisions relating to the agency.  While this may be desirable in certain situations, there are many times where two or more agents will end up in court to litigate a crucial decision relating to the agency.

 
Hospitals, banks, and other institutions oftentimes are reluctant to rely on the decisions of one co-agent without the clear agreement from the other co-agents.

Hospitals, banks, and other institutions are also sometimes reluctant to rely on non-statutory short form Powers of Attorney, as the statutory short form Powers of Attorney are usually viewed as the “standard” forms under Illinois law.
 

Thus, the naming of co-agents for Powers of Attorney in Illinois should be avoided.  If you desire to name more than one person as the agent, it is better to name one person as the primary agent and all others as successor agents if your first choice is unwilling or unable to serve.

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