IMRF Accepts Durable Powers of Attorney
for Property
Changes to the Power of Attorney Law effective July 1, 2011
Public Act 096-1195 has implemented changes to Power of Attorney forms for both property and health care. Forms completed on or after July 1, 2011, must include these legislative changes (valid forms completed before this date are grandfathered in—you do not need to complete a new form).
Forms are available through the Illinois Guardianship and Advocacy Center.
(New Power of Attorney for Health Care forms are currently available; the Power of Attorney for Property form is still being revised and should be available by July 8, 2011.)
IMRF accepts Durable
Powers of Attorney for property only, a Power of Attorney
for health care has nothing to do with any matters regarding your IMRF
account.
IMRF will accept agency
designation under a durable power of attorney if it conforms with the
requirements of the Illinois Power of Attorney Act. A copy of the entire
designation must be submitted for our review. If the original designation
is more than a year old, we will send the agent an affidavit that he or
she must complete, sign, have notarized, and then return to our office
in order for the power of attorney to be accepted.
A power of attorney
also may limit the period of time for which it will be effective. The
Illinois Power of Attorney Act allows the creation of a "Durable
Power of Attorney." A power of attorney drafted under this act will
continue in effect despite the grantor becoming incompetent or despite
the appointment of a guardian.
A power of attorney
not drawn in the form prescribed by the Illinois Power of Attorney Act
will be subject to automatic revocation and invalidation if and when the
person granting the power is legally determined to be a disabled person.
Please note that IMRF
will allow a designated agent to act for the grantor in all aspects excluding
the ability to change and sign a beneficiary form.
An
IMRF retiree is the only person who may sign and/or change an IMRF Designation
of Beneficiary Form (Form 6.11A). Any other representative acting on the
retiree’s behalf, including an agent under a POA, may not change
or sign this form. A Form 6.11A signed by anyone other than the
retiree is invalid and will not be accepted.
Therefore,
it is important for you to make sure your Designation of Beneficiary form
is up to date. If you can’t remember who your beneficiary is, we
recommend that you fill out and submit a new Form 6.11A.
Some
tips on submitting power of attorney to IMRF
There are a few reasons
why a power of attorney will not be accepted by IMRF upon receipt. Taking
the following steps can help expedite the processing of a power of attorney
designation by IMRF:
- Make sure the power
of attorney you send us is for property and not health care.
- Some documents
will state that the power of attorney will not be valid unless it is
accompanied by written physician's statement stating that the member
is not competent to make his/her own decisions.
Please be aware if this is a contingency of your document before
you send it to IMRF, and include the physician's statement with your
submission.
If we receive a power of attorney that requires a physician's statement,
and the physician's statement is not attached, we will request the
written statement from the agent before accepting the power of attorney.
The information can be added to the computer system without delay if
all required documentation is received at one time.
- If it is not already
there, write the agent's current address and the member's
Social Security number somewhere on the document. Sometimes there
is more than one member with the same name in our computer system and
having the Social Security number on the document is very helpful.
For more information
about designating power of attorney, consult a lawyer.
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