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Can you explain the significance of the recent amendment to the Power of Attorney Act? Why doesn’t the exception for financial institutions apply to durable powers of attorney? – IBA Compliance Connection

Can you explain the significance of the recent amendment to the Power of Attorney Act? Why doesn’t the exception for financial institutions apply to durable powers of attorney?

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Public Act 97-868 amended the Power of Attorney Act to create an exception from its requirements for certain powers of attorneys used by financial institutions. But the amendment provides that this exception does not apply to “durable” powers of attorney. A power of attorney is “durable” if it would survive the death or incapacity of the person who created the power of attorney; otherwise, a power of attorney expires on death or disability. Durable powers of attorney are used for estate planning purposes, to allow a trusted individual to handle one’s financial affairs if one dies or becomes incompetent. It is not likely that someone would use a durable power of attorney to give power to a financial institution for the limited purposes of the exceptions in the amendment (for example, to facilitate a specific transfer of stock).