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5. Decedent’s Powers of Attorney
On May 26, 1993, decedent signed an Illinois power of
attorney, naming her daughter as her attorney-in-fact with
respect to the handling of decedent’s property.3 This document
was effective May 26, 1993, and set forth a list of powers that
decedent’s daughter had in her capacity as decedent’s attorney-
in-fact with respect to the handling of decedent’s property.
Although the document contained a section in which decedent could
have added to these enumerated powers (e.g., by giving decedent’s
daughter the “power to make gifts”), decedent stated in that
section that there were “No additions”. Decedent signed a second
Illinois power of attorney on May 26, 1993, naming her daughter
as her attorney-in-fact for health care decisions. That document
also was effective May 26, 1993.
On April 26, 1994, decedent signed two more Illinois powers
of attorney that named her daughter as decedent’s attorney-in-
fact for health care and property decisions. The April 26, 1994,
power of attorney for health care decisions became effective
April 26, 1994. The April 26, 1994, power of attorney for
property decisions became effective upon decedent’s “incapacity”,
defined in that document as a “(a) court determination of my
[decedent’s] disability because of my inability to manage my
3 Feldman prepared this document but did not deal directly
with decedent in doing so.
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