An Illinois durable power of attorney form is a legal document that allows an Illinois resident to grant another person (also known as “the agent”) power to act on their 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 decide on how the principal’s remains should be disposed of.
Laws
In Illinois, power of attorney forms are durable by default.
- Statute: 755 ILCS 45/1-1 (Illinois Power of Attorney Act).
- Presumed Durable: Yes — durability presumed (755 ILCS 45/2-5).
- Signing Requirements: The signature of the principal and one witness is required.
- Notarization: Notary acknowledgment is required.
- Statutory Form: Yes (755 ILCS 45/3-3).