An Illinois power of attorney officially recognizes a legally binding relationship between two parties – a principal and an agent. The agent can manage the principal’s personal, business, or legal affairs. The document allows you to choose someone you trust to make choices about your money and health care if you’re unable to do so or if you become “incapacitated” (can’t make your own decisions due to injury, disability, or illness).
Laws
Statute: Chapter 755 ILCS 45 of the Illinois Compiled Statutes.
By Type
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).
