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Wolf88
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« on: May 25, 2009, 08:52:58 AM »

In reading the post below about medical POAs, it got me thinking about a question I have had regarding regular POAs. I do have POA with my LO and since I really haven't had to use it up to this point (but I need to now), whose name do you sign on what ever document you need to sign? I have to get his license plates renewed and the form needs to be signed before sending it in. Do I just sign his name, or do I sign mine or both with 'under POA' next to it? Thanks for any info!!
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« Reply #1 on: May 25, 2009, 09:07:35 AM »

Ask the agency that you're using it for...they will tell you.  Usually you sign your own name...you are acting for them.  POA's are no longer active at time of death BTW, people sometimes think these are good forever.  They cannot be used if the person dies.  They're only valid as long as the named person is alive.

If you're using this for something being sent into the state you'd better include a copy with your request...or just sign his name and skip the POA part....
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allgone
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« Reply #2 on: May 25, 2009, 06:00:40 PM »

I would call and ask.  In my experience usually places will have you sign your name and include a copy of the signed POA.
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wifey
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« Reply #3 on: May 25, 2009, 06:14:02 PM »

In a lot of cases, the agency that you are working with will want to see the original POA...you sign your name and/or his....whichever that particular company, agency, etc. needs.  There is usually not a problem.
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« Reply #4 on: May 25, 2009, 10:57:43 PM »

I had my son's plates renewed with a POA when he was locked up. I just took the POA and registration and showed it to them.

I did the same thing to draw money out of his bank account. They did have me fill out a card when I first presented the document so that I did not have to bring in everytime.

Neither the bank or DMV gave me any problems.
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« Reply #5 on: December 27, 2011, 05:17:06 PM »

My LO has been in for a month now. He does not have a POA, medical or otherwise. We are now running into some issues where he needs one. How does he go about this?  Any help is much appreciated.
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Marks_guy
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« Reply #6 on: December 28, 2011, 02:32:44 AM »

He can go to the law library and get a copy of a POA, and start the process. You can also download the one we have listed here on IPT and do it yourself. Just be aware that some prisons only accept one from themselves.

http://www.illinoisprisontalk.org/index.php/topic,15720.0.html
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waitingagain
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« Reply #7 on: December 28, 2011, 09:27:01 AM »

I have a POA for my L/O for medical and legal. I called to Dixon last Friday to get some information on what med's they have him on, because when I seen him on Thursday he was clearly over medicated. He could hardly walk/talk and cried the entire visit. When I called they told me that the POA is only for when they are unable to make decision for themselves and they would need him to sign a paper stating that they could talk to me (he has this in his file already). No one has called me back and they have not been to see him to sign the form.
Does anyone have any advise on what to do next???


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Marks_guy
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« Reply #8 on: December 28, 2011, 12:26:36 PM »

In our medical issues board, we have a HIPPA form you can download and fill out. This enables the DOC to discuss his medical issues with you. It is different than a POA.

http://www.illinoisprisontalk.org/index.php/topic,16071.0.html
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peachypuff
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« Reply #9 on: May 03, 2012, 02:03:24 PM »

OK i think i understand the power of medical situations..but as far as poa..what the heck do i do..is that something i need to get with a lawyer about or can i do it on my own???
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« Reply #10 on: May 03, 2012, 02:18:03 PM »

You can do this all yourself,you don't have to hire anyone. 

I have copied a general POA and a property POA .. if you need the medical one you can go to this board where you will find other medical forms and HIPPA that you also might want to have:

http://www.illinoisprisontalk.org/index.php?board=55.0


If you need anything else, you could always do a search on Google for POA forms.  Hope these help!





General Durable Power of Attorney
Effective Upon Execution

I, [Name] a [married / unmarried][man / woman] who resides at [address, city, county, state], designate [Attorney-In-Fact’s Name] as my attorney in fact (the agent) to act for me, if I should become disabled or legally incapacitated. This document shall become effective upon the date of my disability or legal incapacity and shall not otherwise be affected by my disability or legal incapacity.

        Authority to Act. This power of attorney is effective upon my disability or legal incapacity. My agent is authorized to act as indicated below in my name, place and stead in any way which I myself could do if I were personally present, to the full extent that I am permitted by law to act through an agent.
         
        Powers of Agent. The Agent shall have the full power and authority to manage and conduct all of my affairs, and to exercise my legal rights and powers, including those rights and powers that I may acquire in the future, including the following:
         
            Collect and Manage. To collect, hold, maintain, improve, invest, lease, or otherwise manage any or all of my real or personal property or any interest therein;
             
            Buy and Sell. To purchase, sell, mortgage, grant options, or otherwise deal in any way in any real property or personal property, tangible or intangible, or any interest therein, upon such terms as the Agent considers proper, including the power to buy United States Treasury Bonds that may be redeemed at par to pay federal estate tax and to sell or transfer Treasury securities;
             
            Borrow. To borrow money, to execute promissory notes for borrowed money, and to secure any obligation by mortgage or pledge.
             
            Business and Banking. To conduct and participate in any kind of lawful business of any nature or kind, including the right to sign partnership agreements, continue, reorganize, merge, consolidate, recapitalize, close, liquidate, sell, or dissolve any business and to vote stock, including the exercise of any stock options and the carrying out of any buy sell agreement; to receive and endorse checks and other negotiable paper, deposit and withdraw funds (by check or withdrawal slips) that I now have on deposit or to which I may be entitled in the future in or from any bank, savings and loan, or other institution;
             
            Tax Returns and Reports. To prepare, sign, and file separate or joint income, gift, and other tax returns and other governmental reports and documents; to consent to any gift; to file any claim for tax refund; and to represent me in all matters before the Internal Revenue Service;
             
            Safe Deposit Boxes. To have access to any safety deposit box registered in my name alone or jointly with others, and to remove any property or papers located therein;
             
            Proxy Rights. To act as my agent or proxy for any stocks, bonds, shares, or other investments, rights, or interests I may now or hereafter hold;
             
            Legal and Administrative Proceedings. To engage in any administrative or legal proceedings or lawsuits in connection with any matter herein;
             
            Transfers in Trust. To transfer any interest I may have in property, whether real or personal, tangible or intangible, to the trustee of any trust that I have created for my benefit;
             
            Delegation of Authority. To engage and dismiss agents, counsel, and employees, in connection with any matter, upon such terms as my agent determines;
             
            Other Matters. _______________________________________________________
             
        Restrictions on Agent’s Powers. Regardless of the above statements, my agent:
            Cannot execute a will, a codicil, or any will substitute on my behalf;
             
            Cannot change the beneficiary on any life insurance policy that I own;
             
            Cannot make gifts on my behalf;
             
            Cannot exercise any powers that would cause assets of mine to be considered taxable to my agent or to my agent’s estate for purposes of any income, estate, or inheritance tax; and
             
            Cannot contravene any medical power of attorney I have executed whether prior or subsequent to the execution of this Power of Attorney.
             
        Durability. The Agent shall be under no duty to act on my behalf and shall incur no liability to me or to my estate for failing to take any action under this power of attorney before receiving written notice from two licensed physicians that, because of either disability or incapacity, I am unable to attend to financial matters, in which case the agent shall immediately begin to act for me.
         
        Reliance by Third Parties. Third parties may rely upon the representations of the Agent as to all matters regarding powers granted to the Agent. No person who acts in reliance on the representations of the Agent or the authority granted under this Power of Attorney shall incur any liability to me or to my estate for permitting the Agent to exercise any power prior to actual knowledge that the Power of Attorney has been revoked or terminated by operation of law or otherwise.
         
        Indemnification of Agent. No agent named or substituted in this power shall incur any liability to me for acting or refraining from acting under this power, except for such agent’s own misconduct or negligence.
         
        Original Counterparts. Photocopies of this signed Power of Attorney shall be treated as original counterparts.
         
        Revocation. I hereby revoke any previous Power of Attorney that I may have given to deal with my property and affairs as set forth herein.
         
        Compensation. The Agent shall be reimbursed for reasonable expenses incurred while acting as Agent and may receive reasonable compensation for acting as Agent.
         
        Substitute Agent. If [NAME] is, at any time, unable or unwilling to act, I then appoint [NAME2], presently residing at [ADDRESS] as my Agent to serve with the same powers.
         
        Appointment of Guardian or Conservator. In the event that a court decides that it is necessary to appoint a guardian or conservator for me, I hereby nominate [Name], presently residing at [Address], to be considered by the court for appointment to serve as my guardian or conservator, or in any similar representative capacity.
         
        Choice of Law. All questions concerning the validity and construction of this Durable Power of Attorney shall be determined under the laws of [State Name].

Dated: [DATE]

_______________________________
[NAME]

Signed in the presence of:

_______________________________
[NAME], Witness

_______________________________
[NAME], Witness

Notarization

State of ________________

County of ________________

On [DATE], [NAME OF GRANTOR] appeared before me and proved to my satisfaction that [he/she] is the person whose name is subscribed to this Durable Power of Attorney, and acknowledged the due execution of the foregoing instrument.

____________________________________
[Notary's Name]
Notary Public, [COUNTY, STATE]
My commission expires ______________.





"ILLINOIS STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY

1. (NOTICE: THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR
"AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO PLEDGE, SELL
OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR
APPROVAL BY YOU. THIS FORM DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED
POWERS; BUT WHEN POWERS ARE EXERCISED, YOUR AGENT WILL HAVE TO USE DUE CARE TO ACT FOR
YOUR BENEFIT AND IN ACCORDANCE WITH THIS FORM AND KEEP A RECORD OF RECEIPTS, DISBURSEMENTS
AND SIGNIFICANT ACTIONS TAKEN AS AGENT. A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF
IT FINDS THE AGENT IS NOT ACTING PROPERLY. YOU MAY NAME SUCCESSOR AGENTS UNDER THIS FORM
BUT NOT CO-AGENTS. UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THIS POWER IN THE MANNER
PROVIDED BELOW, UNTIL YOU REVOKE THIS POWER OR A COURT ACTING ON YOUR BEHALF TERMINATES
IT, YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN AFTER
YOU BECOME DISABLED. THE POWERS YOU GIVE YOUR AGENT ARE EXPLAINED MORE FULLY IN SECTION 3-
4 OF THE ILLINOIS "STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY LAW" OF WHICH THIS
FORM IS A PART (SEE THE BACK OF THIS FORM). THAT LAW EXPRESSLY PERMITS THE USE OF ANY
DIFFERENT FORM OF POWER OF ATTORNEY YOU MAY DESIRE. IF THERE IS ANYTHING ABOUT THIS FORM
THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.)
POWER OF ATTORNEY made this ...... day of ...... (month) ...... (year)
1.I, ............................................................................., (insert name and address of principal)
hereby appoint:
...
(insert name and address of agent)
as my attorney-in-fact (my "agent") to act for me and in my name (in any way I could act in
person) with respect to the following powers, as defined in Section 3-4 of the "Statutory Short
Form Power of Attorney for Property Law" (including all amendments), but subject to any
limitations on or additions to the specified powers inserted in paragraph 2 or 3 below:

(YOU MUST STRIKE OUT ANY ONE OR MORE OF THE FOLLOWING CATEGORIES OF POWERS YOU DO NOT
WANT YOUR AGENT TO HAVE. FAILURE TO STRIKE THE TITLE OF ANY CATEGORY WILL CAUSE THE POWERS
DESCRIBED IN THAT CATEGORY TO BE GRANTED TO THE AGENT. TO STRIKE OUT A CATEGORY YOU MUST
DRAW A LINE THROUGH THE TITLE OF THAT CATEGORY.)

(a) Real estate transactions.
(b) Financial institution transactions.
(c) Stock and bond transactions.
(d) Tangible personal property transactions.
(e) Safe deposit box transactions.
(f) Insurance and annuity transactions.
(g) Retirement plan transactions.
(h) Social Security, employment and military service benefits.
(i) Tax matters.
(j) Claims and litigation.
(k) Commodity and option transactions.
(l) Business operations.
(m) Borrowing transactions.
(n) Estate transactions.
(o) All other property powers and transactions.

(LIMITATIONS ON AND ADDITIONS TO THE AGENT'S POWERS MAY BE INCLUDED IN THIS POWER OF
ATTORNEY IF THEY ARE SPECIFICALLY DESCRIBED BELOW.)

2.The powers granted above shall not include the following powers or shall be modified or
limited in the following particulars (here you may include any specific limitations you deem
appropriate, such as a prohibition or conditions on the sale of particular stock or real estate or
special rules on borrowing by the agent):
...
...
...
...
3.In addition to the powers granted above, I grant my agent the following powers (here you may
add any other delegable powers including, without limitation, power to make gifts, exercise
powers of appointment, name or change beneficiaries or joint tenants or revoke or amend any
trust specifically referred to below):
...
...
...
...
(YOUR AGENT WILL HAVE AUTHORITY TO EMPLOY OTHER PERSONS AS NECESSARY TO ENABLE THE AGENT
TO PROPERLY EXERCISE THE POWERS GRANTED IN THIS FORM, BUT YOUR AGENT WILL HAVE TO MAKE ALL
DISCRETIONARY DECISIONS. IF YOU WANT TO GIVE YOUR AGENT THE RIGHT TO DELEGATE
DISCRETIONARY DECISION-MAKING POWERS TO OTHERS, YOU SHOULD KEEP THE NEXT SENTENCE,
OTHERWISE IT SHOULD BE STRUCK OUT.)

4.My agent shall have the right by written instrument to delegate any or all of the foregoing
powers involving discretionary decision-making to any person or persons whom my agent may
select, but such delegation may be amended or revoked by any agent (including any successor)
named by me who is acting under this power of attorney at the time of reference.

(YOUR AGENT WILL BE ENTITLED TO REIMBURSEMENT FOR ALL REASONABLE EXPENSES INCURRED IN
ACTING UNDER THIS POWER OF ATTORNEY. STRIKE OUT THE NEXT SENTENCE IF YOU DO NOT WANT YOUR
AGENT TO ALSO BE ENTITLED TO REASONABLE COMPENSATION FOR SERVICES AS AGENT.)

5.My agent shall be entitled to reasonable compensation for services rendered as agent under this
power of attorney.

(THIS POWER OF ATTORNEY MAY BE AMENDED OR REVOKED BY YOU AT ANY TIME AND IN ANY MANNER.
ABSENT AMENDMENT OR REVOCATION, THE AUTHORITY GRANTED IN THIS POWER OF ATTORNEY WILL
BECOME EFFECTIVE AT THE TIME THIS POWER IS SIGNED AND WILL CONTINUE UNTIL YOUR DEATH UNLESS
A LIMITATION ON THE BEGINNING DATE OR DURATION IS MADE BY INITIALING AND COMPLETING EITHER
(OR BOTH) OF THE FOLLOWING:)

6.( ) This power of attorney shall become effective on .....................................................................................
(insert a future date or event during your lifetime, such as court determination of your disability, when you want this
power to first take effect)

7.( ) This power of attorney shall terminate on .....................................................................................
(insert a future date or event, such as court determination of your disability, when you want this power to terminate
prior to your death)

(IF YOU WISH TO NAME SUCCESSOR AGENTS, INSERT THE NAME(S) AND ADDRESS(ES) OF SUCH
SUCCESSOR(S) IN THE FOLLOWING PARAGRAPH.)

8.If any agent named by me shall die, become incompetent, resign or refuse to accept the office
of agent, I name the following (each to act alone and successively, in the order named) as
successor(s) to such agent:
...
...
For purposes of this paragraph 8, a person shall be considered to be incompetent if and while the
person is a minor or an adjudicated incompetent or disabled person or the person is unable to
give prompt and intelligent consideration to business matters, as certified by a licensed physician.

(IF YOU WISH TO NAME YOUR AGENT AS GUARDIAN OF YOUR ESTATE, IN THE EVENT A COURT DECIDES
THAT ONE SHOULD BE APPOINTED, YOU MAY, BUT ARE NOT REQUIRED TO, DO SO BY RETAINING THE
FOLLOWING PARAGRAPH. THE COURT WILL APPOINT YOUR AGENT IF THE COURT FINDS THAT SUCH
APPOINTMENT WILL SERVE YOUR BEST INTERESTS AND WELFARE. STRIKE OUT PARAGRAPH 9 IF YOU DO
NOT WANT YOUR AGENT TO ACT AS GUARDIAN.)

9.If a guardian of my estate (my property) is to be appointed, I nominate the agent acting under
this power of attorney as such guardian, to serve without bond or security.

10.I am fully informed as to all the contents of this form and understand the full import of this
grant of powers to my agent.
Signed .................................................................
(principal)

(YOU MAY, BUT ARE NOT REQUIRED TO, REQUEST YOUR AGENT AND SUCCESSOR AGENTS TO PROVIDE
SPECIMEN SIGNATURES BELOW. IF YOU INCLUDE SPECIMEN SIGNATURES IN THIS POWER OF ATTORNEY,
YOU MUST COMPLETE THE CERTIFICATION OPPOSITE THE SIGNATURES OF THE AGENTS.)

Specimen signatures of agent (and successors) I certify that the signatures of my agent (and
successors) are correct
........................................................................ ..................................................................................................
(agent) (principal)
........................................................................ ..................................................................................................
(agent) (principal)
........................................................................ ..................................................................................................
(agent) (principal)

(THIS POWER OF ATTORNEY WILL NOT BE EFFECTIVE UNLESS IT IS NOTARIZED AND SIGNED BY AT LEAST
ONE ADDITIONAL WITNESS, USING THE FORM BELOW.)
State of .................... )
) SS.
County of ................... )
The undersigned, a notary public in and for the above county and state, certifies that
........................................................., known to me to be the same person whose name is
subscribed as principal to the foregoing power of attorney, appeared before me and the additional
witness in person and acknowledged signing and delivering the instrument as the free and
voluntary act of the principal, for the uses and purposes therein set forth (, and certified to the
correctness of the signature(s) of the agent(s)).
Dated: ............................... (SEAL)
....................................................................
Notary Public
My commission expires ..............................
The undersigned witness certifies that ________________________________, known to me to
be the same person whose name is subscribed as principal to the foregoing power of attorney,
appeared before me and the notary public and acknowledged signing and delivering the
instrument as the free and voluntary act of the principal, for the uses and purposes therein set
forth. I believe him or her to be of sound mind and memory.
Dated: ............................... (SEAL)
....................................................................
Witness
(THE NAME AND ADDRESS OF THE PERSON PREPARING THIS FORM SHOULD BE INSERTED IF THE AGENT
WILL HAVE POWER TO CONVEY ANY INTEREST IN REAL ESTATE.)
This document was prepared by...
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« Reply #11 on: May 03, 2012, 07:10:40 PM »

My l/o went to the law library and had one made for me.. he signed it had a witness then had the librarian seal it with a stamp.. I received it then I signed it.. its very simple  hope it works out 4 u
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« Reply #12 on: May 04, 2012, 07:45:20 PM »

When I was married to mine, I had a medical and legal POA, he had it notorized by the person in the prison. So you will be able to get it. But now since we divorced he had it done over so that I am not his POA which is fine. Just make sure you have all the information and filled out right. With the HIPPA he will need to sign a form. But like the prison nurse will tell you, they will only call you if the person is unable to make decisions for himself. But I would look into the over medication, because that should not be happeing unless he is combative. They also should not have sent him on a visit if he had the effects of over medication, they can tell if he is drowsy and if he is emotional they either need to check his dosage or give him another medication. This does not sound right on his medical condition.


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