Legal Question in Wills and Trusts in Illinois

Power of Attorney

My husbands 22 year old daughter instist she be his power of attorney. I'm his second wife. Is this legal while we are still married.


Asked on 6/14/09, 4:45 pm

4 Answers from Attorneys

Gregory Turza Law Offices of Gregory P Turza

Re: Power of Attorney

Yes. There is no obligation to name a spouse. Even if this were a first marriage and you were both the parents of this child he wants to name, he is still at liberty to name the child. So are you, if you have any children from a previous marriage.

If it is any comfort to you this is not unusual to name the blood relative. If you want to have a free chat with me on the perils involved when "step" relatives are involved you can go to my website www.legacylaws.com and call the number on my home page.

If I am not in, Amanda, my secretary has my calendar and can schedule you for a free phone chat. It sounds like you may need some peace of mind on how to help your husband in this situation-and protect yourself.

You may also find helpful the link on my website on second marriage estate planning.

Be well.

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Answered on 6/14/09, 5:22 pm
Leon Teichner Leon J. Teichner & Associates

Re: Power of Attorney

any person of legal age can hold a power of attorney irrespective of the marriage status of the grantor.

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Answered on 6/15/09, 2:43 pm
Leon Teichner Leon J. Teichner & Associates

Re: Power of Attorney

any person of legal age can hold a power of attorney irrespective of the marriage status of the grantor.

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Answered on 6/15/09, 2:43 pm
Thomas Moens Moens Law Offices, Chartered

Re: Power of Attorney

He can name anyone of legal age he chooses. The key part of that phrase is HE can choose. It is not up to his daughter, no matter how much she insists.

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Answered on 6/15/09, 3:36 pm


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