Sec. 35. Capacity of owner and agent's authority.
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/il/chapter-755/act-27/35A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Sec. 35. Capacity of owner and agent's authority. The capacity required to make or revoke a transfer on death instrument is the same as the capacity required to make a will. An agent under a durable power of attorney or other instrument creating an agency, even if authorized, does not have the authority to create or revoke a transfer on death instrument on behalf of the owner. This Section shall not be construed to prohibit the agent from selling, transferring, or encumbering the real property under the terms of the agency.