Illinois Power of Attorney Requirements & Free Form
This page covers execution of a general power of attorney for property in Illinois. Illinois has its own statute, the Illinois Power of Attorney Act (755 ILCS 45), rather than the Uniform Power of Attorney Act.
Illinois requirements
- Illinois powers of attorney are governed by the Illinois Power of Attorney Act, 755 ILCS 45, which includes a statutory short form power of attorney for property in Article III.
- A property power of attorney must be signed by the principal, notarized, and signed by at least one witness (755 ILCS 45/3-3).
- Only one witness is required in Illinois, but the statutory form itself notes that other jurisdictions may require more, which matters if the document will be used out of state.
- Under 755 ILCS 45/3-3.6, the witness cannot be the agent or successor agent, certain close relatives of the principal or agent, the principal's attending physician or mental health provider or their relatives, or owners and operators of a health care facility where the principal resides.
- Durability is the default: under 755 ILCS 45/2-5 the agency continues until the principal's death despite later disability or incapacity, unless the document sets an earlier termination.
- Illinois offers a statutory short form; PDFRaw's general durable power of attorney is a general purpose alternative, and it should be executed with the notary and witness formalities above.
Frequently asked questions
How many witnesses does an Illinois power of attorney need?
One. Under 755 ILCS 45/3-3 the principal's signature must be notarized and witnessed by at least one qualified adult, and 755 ILCS 45/3-3.6 disqualifies the agent, certain relatives, and health care providers from witnessing.
Is an Illinois power of attorney durable by default?
Yes. Under 755 ILCS 45/2-5, the agency continues notwithstanding the principal's later disability or incapacity until death, unless the document itself provides an earlier termination date.
Official sources
- https://www.ilga.gov/legislation/ILCS/details?MajorTopic=&Chapter=&ActName=Illinois%20Power%20of%20Attorney%20Act.&ActID=2113&ChapterID=60&ChapAct=755+ILCS+45%2F&SeqStart=1900000&SeqEnd=2600000
- https://www.ilga.gov/legislation/ILCS/details?MajorTopic=&Chapter=&ActName=Illinois%20Power%20of%20Attorney%20Act.&ActID=2113&ChapterID=60&ChapAct=755+ILCS+45%2F&SeqStart=300000&SeqEnd=1900000
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