What Is an Illinois Power of Attorney?
An Illinois power of attorney is a legal agreement that grants one individual the authority to act on another’s behalf. The agent gains authority to make decisions for the principal and may handle the principal’s financial, medical, or personal matters.
In Illinois, creating a valid power of attorney requires the principal to be at least 18 and of sound mind. Any agreement made under coercion or undue influence will not be enforceable.
Our document builder allows you to customize and download a power of attorney. Use our forms and resources to authorize your agent and protect your preferences.
Types of Powers of Attorney in Illinois
Illinois recognizes many types of powers of attorney. The different forms offer more specific terms and authorities for the principal and agent. By selecting the type of contract and document for your POA, you can maintain greater control over your agent’s abilities.
Durable vs. Non-Durable
All POAs can operate as a durable or non-durable contract. According to 755 ILCS 45/2-5, Illinois recognizes each power of attorney as durable, unless it’s stated otherwise in the terms of the agreement. This means that the agent’s authorities don’t end until the principal’s death. If you provide a statement noting the arrangement as non-durable, the authorities provided terminate when the principal becomes incapacitated.
Financial
When you need someone else to handle your finances, a financial POA defines the terms and limitations for your agent. This agreement proves helpful in handling your bills, property, or accounts when you can no longer manage your affairs. The common powers given to an agent in a financial POA include:
- access to bank accounts
- power to manage investments
- access to retirement funds
- management of personal property
- ability to handle real estate
Medical
If you can no longer communicate or manage your own medical care, an Illinois medical POA can help. Use this form to set the powers and conditions for a trusted medical agent who handles your care under the guidelines in 755 ILCS 45/Art. IV. Pick and choose which of the following authorities you want to give to your medical agent:
- access to medical records
- decisions for life-sustaining treatment
- authorization of pain treatment
- management over healthcare professionals
You can combine a power of attorney for healthcare with medical end-of-life documentation to form an advance directive. Illinois law recognizes medical POAs, living wills, mental health treatment preference declarations, and POLSTs as valid documents for an advance directive.
Durable (Financial)
Enables an agent to act on your behalf even if you become incapacitated.
Signing Requirements: One witness and a notary public.
Medical
Sets out medical preferences for anybody seeking to put in place a health care plan to be followed should they lose their capacity to make decisions.
Signing Requirements: One witness (755 ILCS 45/4-5.1).
Limited (Special)
Gives powers to an agent for a specific task (such as signing paperwork), and typically ends when the task has been completed.
Signing Requirements: One witness and a notary public.
Non-Durable (General)
Allows a nominated agent to carry out financial decisions on your behalf.
Signing Requirements: One witness and a notary public.
Springing
"Springs" into effect in a certain situation, and ends at a time you specify (such as your incapacitation).
Signing Requirements: One witness and a notary public.
Vehicle (Form RT-5)
Gives an agent the power to manage your vehicle-related affairs.
Signing Requirements: Principal only.
Real Estate
Allows a person or entity appointed by you to act on your behalf in relation to property matters.
Signing Requirements: One witness and a notary public.
Tax (Form IL-2848)
Allows an individual to delegate a representative to manage their tax matters with the Illinois Department of Revenue.
Signing Requirements: Principal and attorney-in-fact.
Minor (Child)
Use this form to temporarily transfer parental rights for child care decisions to a trusted person.
Signing Requirements: One witness and notary public.
Revocation
Use to effectively cancel a previously granted power of attorney.
Signing Requirements: Notary public (recommended).
How to Write a Power of Attorney Form for Illinois
Writing an effective power of attorney for Illinois ensures your agent can carry out their duties. Be sure to include the correct information and meet all state requirements to make your POA enforceable. Create your document using the following steps:
- Name the parties: Include the principal’s and agent’s full legal name and address.
- Choose general authorities: Select from the list of general authorities to determine what your agent can and can’t handle on your behalf. These typically include access to financial accounts, medical records, and personal property.
- Specify limits or powers: If the general authorities don’t cover your desired terms, add more powers or communicate your preferences.
- Set the effective date: Per 755 ILCS 45/2-4, you must specify the POA’s start date or triggering event. If no date is specified, the POA will become effective immediately.
- Finalize and sign: Review the terms and information in your agreement to ensure correctness and compliance. Once you’re happy with your document, complete the required signatures, filing, or notarization.
Illinois Legal Requirements and Considerations for a POA
POA guidelines often vary between states. Understanding the Illinois power of attorney legal requirements and considerations helps during drafting and implementation. Consider the following criteria and state processes.
Notarization
Illinois requires a general POA to have signatures from the principal, one witness, and a notary public. The notary and the witness cannot be the same person. This validates it as a binding document with genuine permissions from the principal.
A medical POA only requires the principal and one witness to sign; however, notarization is encouraged. The witness must meet the guidelines in 755 ILCS 45/4-5.1, be 18 or older, and not be the principal’s family member or medical provider.
Filing
Illinois doesn’t typically require you to file the POA. However, if the document gives your agent control over real estate transactions, you must file a copy with the recorder of deeds in the county where the property is located. In addition, financial and medical institutions generally require you to file a copy to verify the agent’s authority.
Revocation
When the arrangement no longer works for the parties involved, revoking the power of attorney can end the contract. 755 ILCS 45/2-5 states that the terms of an agency may be amended or revoked by the principal through any means of communication with the agent. In cases where the agent is the principal’s spouse, the agreement will automatically revoke powers at the time the court enters a judgment of divorce or legal separation.
Any actions taken in good faith by the agent before they became aware of the revocation remain valid. The agent can also end their duties if they are no longer willing or able to serve. The agent can end their obligations by delivering an agent resignation notice to the principal.
