Wednesday, April 26, 2006
In Can an incompetent principal revoke a POA?, 94 Ill. B.J. 170 (2006), Helen W. Gunnarsson (Highland Park, Illinois) discusses the case of In re Estate of Doyle, 838 N.E.2d 355 (Ill. App. 2005). Her article explains how this
recent opinion of the fourth district of the Illinois Appellate Court, including a special concurrence and a thoughtful dissent, highlights some uncertainty in the application of the Power of Attorney Act. The opinion raises questions as to how, if at all, the filing and granting of a petition for guardianship interact with an existing power of attorney and whether an incompetent principal may revoke a property power of attorney.