An Illinois Power of Attorney is a legal document that allows an Illinois resident to grant another person (also known as “the agent”) power to act on his or her behalf in financial or healthcare matters.
The power transferred can be general or specific (limited), enabling the agent to oversee the management of finances or healthcare, or simply complete one task. If the power of attorney is durable, the authority will remain intact if the principal becomes incapacitated.
Illinois durable power of attorney laws go beyond a patient’s death and allow agents to permit organ donations or how the principal’s remains should be disposed of.
Read on to uncover everything there is to know about durable power of attorney in Illinois and learn how to use it in the Prairie State.
Illinois Durable Power of Attorney Requirements
Normally, a power of attorney ends if the principal becomes mentally incapacitated. In Illinois, you can opt for a durable power of attorney, which remains valid upon incapacity.
Relevant Laws: § 45/1-1 (Illinois Power of Attorney Act)
Presumed Durable: Yes — durability presumed (§ 45/2-5).
Signing: The signature of the principal and one witness is required.
Notarization: Notarial acknowledgment is required.
Statutory Form: Yes — § 45/3-3.
How to Fill Out an Illinois DPOA Form
Follow these steps to easily complete our blank durable power of attorney form for Illinois:
Step 1: Designate an Agent
First, the principal needs to choose an agent—someone trustworthy who fully understands what power of attorney is and the responsibility associated with it.
Both parties should add their names and addresses at the top of the durable power of attorney form.
Step 2: Grant Authority
The durable power of attorney must contain the areas upon which the agent has legal power. This means that you will need to indicate on the form the specific powers that you want or don’t want to give to your agent.
Here are the usual areas, but you can further personalize them with specific instructions on the form.
Step 3: Ensure Your Form Is Durable
In Illinois, a power of attorney is presumed to be durable unless it’s otherwise specified on the form.
Step 4: Sign and Date the Form
To create a durable power of attorney in Illinois, the principal must sign the form in the presence of a witness and notary public. The agent must also sign the form on the last page.
Storing and Using Your Form in Illinois
Once you’ve completed your durable power of attorney form, store it in a secure place in your home, like a safe deposit.
A copy of the form should also be sent to your agent, your family, and third parties where it will be used (such as your landlord, bank, or a state agency).
Signing on Behalf of the Principal
To enable your agent to sign on your behalf, contact the third party or place the DPOA will be used, and provide your ID and that of your agent.
The agent can then sign on your behalf as follows:
by [Agent’s name]
Power of attorney
Revoking a Durable Power of Attorney in Illinois
In order to revoke a durable power of attorney in Illinois, a principal can revoke a power of attorney at any time by completing and filing a revocation of power of attorney.
If you’ve chosen your spouse to act as an agent on your DPOA, the designation will not be valid anymore if you get divorced.