While durable POA agreements stand after the principal's incapacitation, a regular, or springing, power of attorney doesn't. Illinois forms include a space for you to fill in when the POA becomes effective. Two standard provisions help explain this distinction:
For a durable power of attorney in Illinois: “This power of attorney shall be effective immediately, and shall not be affected by the subsequent incapacity of the principal.”
For a regular power of attorney in Illinois: “This power of attorney shall become effective upon the incapacity of the principal, as determined by written certification of incapacity by two physicians who have examined the principal.”
Because of this distinction, regular POAs won't grant agents power over medical emergencies and end-of-life decisions. However, a durable POA will offer that power in cases like these.