Power of Attorney vs Guardianship in Illinois ⚖️ - Updated Dec 2024

The phone call came at 2 AM. Your 78-year-old father had fallen and was hospitalized with a traumatic brain injury. The doctors need someone to make medical decisions—but Dad never signed a power of attorney. Now you're facing Illinois probate court at the worst possible time, while your family is already in crisis mode.

I've guided hundreds of families through this exact nightmare. The difference between having proper power of attorney guardianship Illinois documents and scrambling for emergency guardianship isn't just paperwork—it's the difference between maintaining dignity and control versus months of legal battles, court oversight, and thousands in transparent legal billing practices.

After 15 years practicing family law in Illinois, I've seen what works, what doesn't, and what keeps families out of probate court. This comprehensive guide will show you exactly when to use each option, how Illinois law treats these arrangements, and most importantly—how to protect your family before crisis strikes.

Understanding the Legal Framework: Power of Attorney vs Guardianship in Illinois

Before we dive into specific situations, you need to understand how Illinois law treats these two fundamentally different legal concepts. Under Illinois law, these aren't interchangeable terms—they represent completely different approaches to handling incapacity.

Power of Attorney: Voluntary Delegation of Authority

A power of attorney (POA) under 755 ILCS 45 is a voluntary legal document where a competent person (the "principal") grants another person (the "agent" or "attorney-in-fact") the authority to make decisions on their behalf. Think of it as a permission slip for adults.

Key characteristics of Illinois POAs:

• Must be signed while the principal has mental capacity
• Can be revoked at any time by a competent principal
• No court involvement required for creation or execution
• Agent has fiduciary duty but limited court oversight
• Terminates upon principal's death (unlike a will)

Guardianship: Court-Imposed Protection

Guardianship under 755 ILCS 5 is a court-ordered arrangement where a judge appoints someone to make decisions for an incapacitated person (the "ward"). This is involuntary protection—the court steps in when someone can no longer protect themselves.

Illinois recognizes several types of guardianship:

• Guardian of the Person: Makes personal and medical decisions
• Guardian of the Estate: Manages financial matters
• Plenary Guardian: Combines both roles (total authority)
• Limited Guardian: Restricted to specific decisions only

When Power of Attorney Works Best: Planning vs Crisis

Smart families use power of attorney as their first line of defense. Here's when POA is not just recommended—it's essential.

Proactive Estate Planning Scenarios

Every adult over 18 should have basic POA documents, but these situations make them absolutely critical:

• High-net-worth individuals: Complex financial transactions need seamless continuation
• Business owners: Someone needs authority to sign contracts and manage operations
• Parents of special needs children: Transition planning for when the child turns 18
• Military deployment: Spouse needs authority for family decisions
• Chronic illness diagnosis: Early-stage dementia, Parkinson's, multiple sclerosis

Emergency Situations Where POA Saves the Day

I recently worked with the Martinez family. Maria, 45, suffered a stroke during a business trip to Chicago. Her husband needed to access their joint accounts, make medical decisions, and manage her consulting business. Because they had executed comprehensive POAs two years earlier, he handled everything seamlessly—no court involvement, no delays, no public records.

Without those POAs? He would have faced:

• Immediate emergency guardianship petition (minimum $3,000 in attorney fees)
• Court-appointed guardian ad litem for Maria ($150/hour ongoing)
• Public probate record accessible to anyone
• 60+ day process while bills went unpaid
• Annual reporting requirements to the court

Types of Power of Attorney Under Illinois Law

Illinois recognizes several POA forms under 755 ILCS 45:

Financial Power of Attorney: Covers banking, investments, real estate, taxes, and business decisions. Can be immediate or "springing" (activated upon incapacity).

Healthcare Power of Attorney: Medical decisions, treatment choices, end-of-life care. Often combined with HIPAA authorization for medical records access.

Limited Power of Attorney: Restricted to specific tasks and timeframes. Common for real estate closings or business transactions.

When Guardianship Becomes Necessary: The Court's Safety Net

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Guardianship isn't a backup plan—it's emergency protection when POA isn't available or isn't working. Illinois courts reluctantly step in only when absolutely necessary.

Situations That Require Guardianship

Under 755 ILCS 5/11a-3, guardianship becomes necessary when:

No POA exists: The person never executed documents while competent, or documents are invalid/incomplete.

POA is being abused: Agent is stealing, neglecting duties, or making decisions against the principal's best interests.

Contested incapacity: Family members disagree about decision-making capacity or what's in the person's best interests.

Financial institution refusal: Banks or other entities refuse to accept POA documents (unfortunately common with older forms).

Complex family dynamics: Multiple children, blended families, or geographical separation make POA impractical.

The Illinois Guardianship Process: Step-by-Step

Illinois has specific procedures under 755 ILCS 5 that protect the alleged disabled person's rights:

Step 1: Petition Filing
File petition in the county where the proposed ward lives. Must include detailed allegations of disability and why guardianship is necessary.

Step 2: Medical Evidence
Court requires physician certification of incapacity within 30 days. Must be specific about mental/physical limitations.

Step 3: Guardian Ad Litem Appointment
Court appoints independent attorney to represent the proposed ward's interests. They conduct investigation and report to court.

Step 4: Notice and Service
All family members and interested parties must receive proper legal notice. Proposed ward has right to contest.

Step 5: Court Hearing
Judge evaluates evidence, hears testimony, and determines if guardianship is necessary and who should serve.

Real-World Guardianship Scenario

Last year, I represented the Chen family in a complex guardianship case. Robert, 82, had advanced Alzheimer's but no estate planning documents. His three adult children lived in different states and disagreed about his care. His girlfriend of 10 years was making financial decisions without legal authority.

The situation required guardianship because:

• No POA existed (Robert couldn't sign due to incapacity)
• Family conflict prevented consensus on decisions
• Financial exploitation concerns with girlfriend
• Need for court oversight and accountability

Result: Court appointed Robert's eldest daughter as guardian of person, and a professional guardian for the estate. Total legal fees exceeded $15,000, but Robert's assets were protected and care decisions were made systematically.

Navigating Elderly Parent Incapacity: A Family's Guide

The gradual decline of a parent's mental capacity creates unique challenges. Unlike sudden incapacity from accident or stroke, progressive conditions like dementia require careful timing and family coordination.

Early Warning Signs That Require Action

I tell families to watch for these red flags that indicate immediate legal planning is needed:

• Financial confusion: Bills going unpaid, duplicate purchases, unusual banking activity
• Medical non-compliance: Missing appointments, medication errors, hygiene decline
• Judgment lapses: Poor driving decisions, vulnerability to scams, unsafe living conditions
• Social withdrawal: Isolation from family, abandoning hobbies, personality changes

The "Window of Opportunity" for POA

There's often a narrow window where someone with early dementia can still legally execute POA documents. Illinois law requires only that the person understand:

• What a POA is and what it does
• Who they're appointing as agent
• What powers they're granting
• That they can revoke the document

This is much lower than the standard for wills or contracts. Many people with mild cognitive impairment can still execute valid POAs with proper legal guidance.

When POA Isn't Enough for Elderly Parents

Sometimes even valid POAs don't solve family conflicts or provide adequate protection. Consider guardianship when:

• Multiple POA agents conflict: Co-agents deadlock on major decisions
• Agent burnout: Named agent becomes overwhelmed or unwilling to serve
• Exploitation concerns: Agent or third parties are taking advantage
• Asset protection needs: Complex financial arrangements require court oversight
• Medicaid planning: Spending down assets requires careful documentation

Coordinating Care Across State Lines

Many Illinois families have elderly parents but adult children scattered across the country. This creates unique challenges:

POA Recognition: Illinois POAs are generally valid in other states, but financial institutions may require local legal review. Consider executing POAs in states where significant assets are located.

Medical Decisions: Healthcare POAs follow state-specific requirements. If your parent splits time between Illinois and Florida, execute documents in both states.

Court Jurisdiction: Guardianship must be filed where the person resides. If Dad lives in Illinois but all children live elsewhere, someone needs to be available for court proceedings.

Spousal Incapacity: Protecting Your Marriage Partnership

When your spouse becomes incapacitated, you face unique legal challenges that single people don't encounter. Marriage doesn't automatically grant you legal authority—a harsh reality many couples discover too late.

What Marriage Does and Doesn't Provide

Contrary to popular belief, marriage alone doesn't give you authority to:

• Access spouse's individual bank accounts or retirement funds
• Make medical decisions if spouse can't communicate
• Sign legal documents on spouse's behalf
• Change beneficiaries on spouse's insurance policies
• Make decisions about spouse's business interests

You DO have automatic rights to:

• Visit spouse in hospital (but not make medical decisions)
• Receive HIPAA medical information in many situations
• Inherit certain marital property under Illinois law
• File joint tax returns (in some circumstances)

When Spousal Guardianship Makes Sense

Courts generally prefer spouses as guardians, but the process still requires legal proceedings. Consider guardianship when:

No existing POA: You never executed mutual POAs, or they're outdated/invalid.

Financial institution resistance: Banks refuse to honor POA documents, especially older forms.

Complex asset structure: Business partnerships, multiple properties, or investment accounts need court authority.

Family interference: In-laws or adult children from previous marriage contest your authority.

Long-term care planning: Medicaid applications require detailed financial restructuring.

Illinois Spousal Guardianship Process

Spousal guardianship in Illinois follows standard procedures but with some practical advantages:

Presumption of Appointment: Courts strongly favor appointing spouses unless there are compelling reasons not to (abuse, conflict of interest, inability to serve).

Streamlined Process: Less investigation required when spouse petitions, though all procedural requirements still apply.

Bond Waiver: Courts often waive bond requirements for spouses in smaller estates.

Protecting Against Spousal Guardianship Challenges

I've seen cases where adult children from previous marriages challenge spousal guardianship. Protect yourself by:

• Documenting your caregiving efforts and financial responsibility
• Maintaining detailed records of spouse's care needs and decisions
• Involving family members in major decisions when possible
• Working with spouse's doctors to document incapacity clearly
• Considering professional guardians for financial matters if family conflicts exist

Emergency Procedures: When Crisis Strikes Without Warning

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Not every family has the luxury of planning ahead. Accidents, sudden illness, and unexpected incapacity create urgent situations that require immediate legal action.

Illinois Emergency Guardianship Procedures

Under 755 ILCS 5/11a-2.1, Illinois allows emergency guardianship when:

• Person faces immediate risk of serious injury or death
• No one has legal authority to make necessary decisions
• Delay would cause irreparable harm
• Less restrictive alternatives aren't available

Emergency guardianship is extremely limited and temporary—typically 60 days maximum, with possible extensions.

What Emergency Guardians Can and Cannot Do

Permitted Emergency Powers:

• Consent to medical treatment necessary to prevent death or serious injury
• Arrange emergency housing or protective placement
• Access funds necessary for immediate care needs
• Prevent abuse, neglect, or exploitation
• Ensure basic necessities (food, shelter, medication)

Prohibited Actions:

• Major medical procedures (surgery, experimental treatment)
• Significant financial transactions or asset sales
• Changes to estate planning documents or beneficiaries
• Admission to long-term care facilities (without court approval)
• Decisions that could wait for full guardianship proceedings

Step-by-Step Emergency Action Plan

When crisis strikes, time matters. Here's your emergency checklist:

Immediate (0-24 hours):

1. Ensure medical stabilization and safety
2. Search for existing POA documents (home, attorney, bank records)
3. Contact family attorney or emergency legal services
4. Document the emergency circumstances thoroughly
5. Gather medical records and physician statements

Short-term (1-7 days):

1. File emergency guardianship petition if no POA exists
2. Notify all family members and interested parties
3. Arrange for guardian ad litem appointment
4. Compile financial records and asset documentation
5. Coordinate with medical team for ongoing care needs

Alternatives to Emergency Guardianship

Before pursuing emergency guardianship, explore these options:

Healthcare Surrogate: Illinois Health Care Surrogate Act (755 ILCS 40) allows family members to make medical decisions in specific priority order when no healthcare POA exists.

Bank Emergency Access: Some financial institutions have internal procedures for emergency access to accounts for family members, especially for paying medical bills.

Veterans Benefits: VA has special procedures for emergency benefit access for veterans and spouses.

Medicaid Emergency: Illinois Department of Healthcare and Family Services has emergency application procedures for urgent medical situations.

Financial and Legal Implications: The Real Cost of Each Option

The financial differences between POA and guardianship extend far beyond attorney fees. Understanding the total cost of each option helps families make informed decisions.

Power of Attorney Costs

Initial Setup Costs:

• Attorney drafting fees: $500-$2,500 depending on complexity
• Notarization and witness fees: $50-$100
• Document recording (if required): $25-$50 per document
• Copies and administrative costs: $100-$200

Ongoing Costs:

• Agent accountability: None required by law
• Court reporting: Not required
• Legal oversight: Only if disputes arise
• Professional fees: Only if agent hires advisors
• Document updates: $300-$800 every 5-10 years

Total POA Cost Over 10 Years: $1,000-$4,000

Guardianship Costs

Initial Establishment Costs:

• Attorney fees for petitioner: $3,000-$8,000
• Guardian ad litem fees: $1,500-$5,000
• Medical evaluations: $500-$2,000
• Court costs and filing fees: $300-$500
• Service of process: $200-$500
• Guardian bond (if required): $300-$1,000 annually

Ongoing Annual Costs:

• Annual reporting requirements: $800-$2,000
• Court review hearings: $1,000-$3,000
• Professional guardian fees: $50-$150 per hour
• Attorney fees for disputes: $300-$500 per hour
• Accounting and financial reporting: $500-$2,000

Total Guardianship Cost Over 10 Years: $25,000-$75,000+

Hidden Costs and Considerations

Beyond direct legal fees, consider these often-overlooked expenses:

POA Hidden Costs:

• Financial institution rejection (may require new documents)
• Agent training and education
• Professional backup if family agent can't serve
• Liability insurance for agents handling large estates

Guardianship Hidden Costs:

• Lost investment opportunities due to court approval delays
• Professional management fees for complex assets
• Family relationship costs from court proceedings
• Privacy costs from public court records
• Time costs for family members attending hearings

Tax Implications

POA Tax Treatment:

• No separate tax entity—all income remains on principal's return
• Agent has no personal tax liability for principal's income
• Gift tax issues if agent makes gifts without authority
• Estate planning opportunities remain available

Guardianship Tax Treatment:

• Ward's income still reported on individual return
• Court approval may be required for tax planning strategies
• Limited ability to make gifts or implement tax-saving strategies
• Professional guardian fees are tax-deductible expenses

Choosing the Right Option for Your Family

Every family situation is unique, but certain patterns emerge after handling hundreds of incapacity cases. Here's how to evaluate your specific circumstances.

Assessment Framework: Six Key Factors

1. Timing and Capacity Status

• Still competent: POA is almost always the right choice
• Early cognitive decline: POA possible with careful legal assessment
• Clearly incapacitated: Guardianship is the only option
• Fluctuating capacity: Requires medical evaluation and legal guidance

2. Family Dynamics and Geographic Distribution

• Unified family, local presence: POA works well
• Geographic dispersion but good communication: POA with corporate backup
• Family conflict or disagreement: Guardianship may provide necessary oversight
• Blended families with competing interests: Consider professional guardians

3. Asset Complexity and Value

• Simple assets under $500K: POA sufficient for most situations
• Complex business interests: May require specialized POA or guardianship
• Multi-state property: Consider POAs in each jurisdiction
• Assets requiring court approval: Guardianship may be necessary

4. Healthcare Needs and Preferences

• Routine medical care: Healthcare POA adequate
• Complex treatment decisions: May benefit from court oversight
• End-of-life care preferences: POA allows maximum flexibility
• Mental health treatment: Specific Illinois statutory requirements

5. Risk Tolerance and Protection Needs

• Low abuse risk, trusted agents: POA provides appropriate protection
• History of family financial conflicts: Guardianship oversight valuable
• Vulnerable to exploitation: Court supervision may be necessary
• Public benefits involved: Professional guidance essential

6. Privacy and Autonomy Preferences

• Values privacy and independence: POA preserves both
• Wants family involvement in decisions: POA allows flexible arrangements
• Concerned about abuse: Guardianship provides court protection
• Complex family relationships: Court structure may reduce conflict

Decision Matrix: POA vs Guardianship

Choose POA When:

• Person still has capacity to execute documents
• Family members agree on care goals and approaches
• Assets are straightforward and manageable
• Privacy and autonomy are high priorities
• Cost minimization is important
• Trusted agent is available and willing to serve

Choose Guardianship When:

• No POA exists and person lacks capacity
• Family conflicts require neutral oversight
• Financial exploitation concerns exist
• Complex assets need court approval for management
• Public benefits planning requires documentation
• Long-term care transitions need supervision

Hybrid Approaches and Creative Solutions

Sometimes families benefit from combining approaches:

Limited Guardianship with Existing POA: Keep POA for routine decisions, seek guardianship only for specific issues (real estate sales, major medical decisions).

Temporary Guardianship During Transitions: Short-term guardianship during crisis, then transition to updated POA documents if capacity improves.

Professional Fiduciary Partnership: Family members handle personal decisions, professional guardian manages complex financial matters.

Comprehensive FAQ: Power of Attorney vs Guardianship in Illinois

What is the difference between POA and guardianship?

Power of attorney is a voluntary legal document where a competent person grants authority to someone else to make decisions on their behalf. The person creating the POA (principal) retains the right to revoke it at any time while competent. Guardianship is a court-ordered arrangement where a judge appoints someone to make decisions for an incapacitated person who cannot protect themselves. POA preserves autonomy and privacy; guardianship provides court protection but involves ongoing court oversight.

When is guardianship necessary?

Guardianship becomes necessary when no power of attorney exists and the person lacks mental capacity to execute one, when existing POA documents are being abused or aren't being honored, when family members disagree about decision-making capacity or care needs, or when complex financial or medical situations require court oversight. Under Illinois law (755 ILCS 5), guardianship is a last resort used only when less restrictive alternatives aren't available or sufficient.

Can a POA be revoked?

Yes, any competent person can revoke their power of attorney at any time. In Illinois, revocation should be done in writing, notarized, and provided to all parties who had copies of the original POA (agents, banks, healthcare providers, etc.). However, once a person becomes incapacitated, they cannot revoke a POA. If family members believe an incapacitated person's POA should be terminated, they must petition for guardianship and ask the court to invalidate the POA.

How much does guardianship cost in Illinois?

Initial guardianship costs in Illinois typically range from $5,000-$15,000, including attorney fees ($3,000-$8,000), guardian ad litem fees ($1,500-$5,000), medical evaluations ($500-$2,000), and court costs ($300-$500). Ongoing annual costs include reporting requirements ($800

Frequently Asked Questions

What is the main difference between power of attorney and guardianship in Illinois?

The key difference between power of attorney and guardianship in Illinois is that a power of attorney is a voluntary document created by a competent person, while guardianship is a court-ordered arrangement for someone who can no longer make decisions for themselves. Under 755 ILCS 45/2-2, a power of attorney must be signed by a principal who has mental capacity, whereas guardianship under 755 ILCS 5/11a-3 requires a court finding that the person is disabled and cannot manage their own affairs. Power of attorney gives an agent authority to act on behalf of the principal, but the principal retains the right to make decisions and revoke the document. Guardianship removes decision-making authority from the ward and transfers it to the court-appointed guardian.

When is guardianship necessary instead of using a power of attorney in Illinois?

Guardianship becomes necessary in Illinois when a person lacks the mental capacity to execute a power of attorney or when an existing power of attorney is insufficient to protect the person's interests. Under 755 ILCS 5/11a-3, guardianship is required when someone is so disabled by mental deterioration, physical incapacity, or developmental disability that they cannot manage their personal care or property. If someone has dementia, severe mental illness, or other conditions that prevent them from understanding the consequences of their decisions, they cannot legally sign a power of attorney. Guardianship may also be needed when there's suspected abuse of an existing power of attorney or when family members disagree about care decisions and court intervention is necessary.

Can a power of attorney be revoked in Illinois, and how does this differ from ending guardianship?

Yes, a power of attorney can be easily revoked in Illinois as long as the principal has mental capacity, typically by executing a written revocation document or creating a new power of attorney under 755 ILCS 45/2-7. The principal can revoke a power of attorney at any time for any reason, and the revocation becomes effective when the agent receives notice. In contrast, ending a guardianship requires a court proceeding under 755 ILCS 5/11a-23, where the petitioner must prove that the ward has regained capacity or that guardianship is no longer necessary. Guardianship termination involves filing a petition, providing medical evidence, and obtaining a court order, making it a much more complex and time-consuming process than revoking a power of attorney.

How much does guardianship cost in Illinois compared to creating a power of attorney?

Creating a power of attorney in Illinois typically costs between $200-$800 for attorney fees, while guardianship proceedings can cost $3,000-$10,000 or more in initial court costs, attorney fees, and required evaluations. Under 755 ILCS 5/11a-10, guardianship requires court filing fees (usually $300-$500), attorney fees, guardian ad litem costs, and mandatory medical examinations or psychological evaluations. Ongoing guardianship costs include annual reporting fees, potential court appearances, and continued attorney representation. Power of attorney involves only the one-time cost of document preparation and notarization, making it significantly more cost-effective than guardianship proceedings for families planning ahead.

Can I obtain guardianship over my spouse in Illinois if they have dementia?

Yes, you can petition for guardianship over your spouse in Illinois if they have dementia or another condition that renders them unable to make decisions, regardless of your marital relationship. Under 755 ILCS 5/11a-5, any interested person, including a spouse, may file a guardianship petition if the proposed ward is disabled and in need of a guardian. However, marriage alone does not give you automatic decision-making authority over your spouse - you must still prove to the court that your spouse lacks capacity and that guardianship is necessary. The court will consider your relationship and qualifications as a potential guardian, but you'll need medical evidence of your spouse's incapacity and must follow all procedural requirements. Having a power of attorney executed before the onset of dementia is generally preferable to avoid the need for guardianship proceedings.

What specific powers does a guardian have in Illinois versus someone with power of attorney?

A guardian in Illinois has court-ordered authority that can include making medical decisions, managing finances, determining living arrangements, and controlling social interactions as specified in 755 ILCS 5/11a-17. The court defines the guardian's exact powers in the guardianship order, which may include plenary (full) authority or limited powers over specific areas of the ward's life. Someone with power of attorney only has the authority specifically granted in the power of attorney document under 755 ILCS 45/3-4, which can range from limited financial tasks to broad healthcare and financial decision-making. While both arrangements allow someone to act on behalf of another person, guardianship is supervised by the court with annual reporting requirements, whereas power of attorney operates with minimal oversight unless challenged.

How can I contest a guardianship proceeding in Illinois?

To contest a guardianship in Illinois, you must file an objection or appearance in the guardianship case under 755 ILCS 5/11a-10, requesting a hearing to challenge either the need for guardianship or the proposed guardian's appointment. You have the right to present evidence, cross-examine witnesses, and argue that the alleged disabled person has sufficient capacity to manage their affairs or that a less restrictive alternative like power of attorney would be appropriate. The court will consider medical evidence, witness testimony, and the proposed ward's own preferences if they can express them. If you're the subject of the guardianship petition, you have the right to legal representation, and the court will appoint a guardian ad litem to protect your interests if you cannot afford an attorney.

When does a power of attorney become invalid in Illinois?

A power of attorney in Illinois becomes invalid upon the principal's death, revocation by a competent principal, or when its stated expiration date arrives under 755 ILCS 45/2-7. If the power of attorney is not specifically designated as 'durable,' it also becomes invalid if the principal becomes incapacitated, though durable powers of attorney continue despite incapacity. A power of attorney may also become invalid if a court determines it was executed under duress, fraud, or when the principal lacked capacity, or if a guardian is appointed with conflicting authority. Unlike guardianship arrangements that require court proceedings to modify or terminate, power of attorney invalidity can occur automatically based on these triggering events.

Do I need a lawyer for power of attorney versus guardianship proceedings in Illinois?

While you're not legally required to have an attorney for creating a power of attorney in Illinois, it's highly recommended to ensure the document meets your specific needs and complies with 755 ILCS 45 requirements. For guardianship proceedings, legal representation is strongly advised due to the complex court procedures, evidence requirements, and potential consequences under 755 ILCS 5/Article 11a. The proposed ward in a guardianship proceeding has the right to legal representation, and the court will appoint counsel if they cannot afford an attorney. Given that guardianship involves constitutional due process rights and permanently affects someone's civil liberties, having experienced legal counsel is essential for all parties in guardianship cases, while power of attorney can sometimes be handled with attorney consultation rather than full representation.

Can a power of attorney prevent the need for guardianship in Illinois?

Yes, a properly executed durable power of attorney can often prevent the need for guardianship in Illinois by providing a legal mechanism for decision-making before incapacity occurs. Under 755 ILCS 45/3-3, a durable power of attorney remains effective even if the principal becomes incapacitated, allowing the appointed agent to handle financial and healthcare decisions without court intervention. However, power of attorney may not prevent guardianship if there's evidence of agent abuse, family disputes about the agent's decisions, or if the power of attorney document doesn't grant sufficient authority for the person's current needs. Courts may still appoint a guardian under 755 ILCS 5/11a-3 if the existing power of attorney is inadequate to protect the incapacitated person's interests, making it crucial to create comprehensive power of attorney documents while mentally competent.