Free Illinois Power of Attorney (POA) Form

Start an Illinois Power of Attorney (POA) form now to appoint a trusted individual to manage your estate, act for you professionally, or make important medical decisions on your behalf.

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Last Update November 27th, 2023

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Table of Contents:

Types of Power of Attorney in Illinois
How to Get a Power of Attorney in Illinois
Illinois Power of Attorney Requirements
Illinois Power of Attorney Sample
FAQs About Illinois Power of Attorney Forms

Types of Power of Attorney in Illinois

Before starting an Illinois Power of Attorney it is critical to know what type of POA to create. There are many different varieties of these legal instruments and each grants different kinds of powers from a Principal to an Agent or Attorney-in-Fact.

The most common variants include the following examples:

Durable: Durable Power of Attorney documents are invaluable tools for individuals planning how their estate will be managed in their old age, or in the event of sudden illness or disability. They allow the Agent to act for the Principal even if they become incapacitated.
General: A General Power of Attorney form permits an Attorney-in-Fact to perform a number of financial and legal tasks for their Principal. General POAs can operate over a long period of time, although they can sometimes cease to be effective if the appointing authority becomes incapacitated.
Limited: A Limited Power of Attorney allows a Principal to grant time-limited powers to an Agent. This is usually to allow the Agent to complete a one-off task such as signing a contract.
Medical: Medical Power of Attorney is a durable form of POA that allows a Principal to appoint a person to make medical decisions for them if they become incapacitated
Real Estate: Real Estate POAs are specially tailored documents that let Principals grant powers to an Agent for the purposes of managing real estate.
Minor Child Power of Attorney: This variety of Power of Attorney allows a Principal to appoint an Agent to take on their legal parental rights for a limited period of time. This could be for work reasons, deployment in the military, or due to an illness.

How to Get a Power of Attorney in Illinois

An Illinois Power of Attorney can be filled-in fully online with LawDistrict’s step-by-step form completion survey. All you need to do is answer the questions and add in your own information to create a fully complete POA tailored to your necessities.

Alternatively, the task of creating a POA can be left to a lawyer. However, this is usually a more time consuming and costly process.

Illinois Power of Attorney Requirements

In order to make sure your POA is fully valid upon completion and signing, you must make sure that you follow the right steps to prepare your Illinois Power of Attorney document before successfully putting it into action.

To do this you will need to meet the following criteria:

Make sure all the details on the form are correct such as names, addresses, dates, and the powers that are to be granted.
The completed form should be signed by both the Agent and Principal.
It is essential that the signing of the document is viewed by at least one witness who must also sign the form.
A notary public must also be present at the signing to notarize the document, and must sign it too.

In addition to these steps, it is crucial that all the signing parties are legally able to enter into this agreement. This means that they must:

Be over 18 years of age.
Be mentally competent enough to enter into a contractual agreement.
Understand the powers that are being granted.

Lastly, the Agent must be a legal adult or a financial institution with trust powers, a registered place of business within the state and that has the authority to carry out trust business in Illinois. They should also be someone that the Principal has full confidence in.

Illinois Power of Attorney Sample

Creating and putting a Power of Attorney into action in Illinois is a major commitment. It can help to explore an example template first to get a clear idea of what information should be found in your completed document. Our sample Illinois Power of Attorney below can help you understand the details included in this legal arrangement a little better.

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FAQs About Illinois Power of Attorney Forms

It is important to have a good understanding of what Illinois Power of Attorney forms can do before filling in your own. Read through our FAQs below to get a better idea of the key information needed as well as any other special considerations.

What Are Some Uses of a Power of Attorney?

An Illinois Power of Attorney is an important legal document that allows you to appoint a trusted individual to act on behalf of you to carry out important activities. Once signed, these legal forms can be used for a number of different purposes depending on their type and purpose.

These responsibilities include:

Managing your financial affairs
Making medical decisions for you if you are incapacitated
Handling activities for you such as buying or selling property

How to Sign as a Power of Attorney?

Once an Illinois Power of Attorney is signed and notarized, it can be used by the Agent to carry out duties for the Principal. In order to prove they have the authority to act for the Principal, the Attorney-in-Fact must bring the signed copy of the agreement to the place where they will sign a document on the appointing individual’s behalf.

The Agent must then sign their name on the signature line for the signee and must print their own name next to the name of the Principle on the form. They must also indicate that they are signing on behalf of the Principle as their Power of Attorney.

How to Know if My Power of Attorney is Durable

In Illinois, Power of Attorney documents are automatically assumed to be durable unless the contrary is specifically stated in the wording of the form.

This means it is necessary to expressly create a nondurable document if you wish for the powers you are granting to not be durable and for the POA to expire in the event of your incapacity.

You are only a few steps away from your own Illinois Power of Attorney!

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Preview of your Illinois Power of Attorney

NOTICE TO THE INDIVIDUAL SIGNING THE ILLINOIS POWER OF ATTORNEY FOR PROPERTY

PLEASE READ THIS NOTICE CAREFULLY. The Power of Attorney that you will be signing is a legal document. It is governed by the Illinois Power of Attorney Act. If there is anything about this Power of Attorney that you do not understand, you should ask a lawyer to explain it to you.

You should select someone you trust to serve as your agent. This Power of Attorney authorizes another person (designated as your "agent") to have broad powers to make decisions with respect to your property and financial affairs. This delegated authority may include the power to pledge, sell, or dispose of any of your real or personal property, even without your consent or any advance notice to you.

This Power of Attorney does not impose a duty upon your agent to handle your financial affairs. The person designated as your agent must accept and agree to do this for you.

Any agent who does act for you has a duty to act in good faith for your benefit and to use due care, competence, and diligence. He or she must also act in accordance with the law and with the directions given under this Power of Attorney. Your agent must also keep a record of all receipts, disbursements, and significant actions taken as your agent.

Unless you specifically limit the period of time that this Power of Attorney will be in effect, your agent may exercise the powers given to him or her throughout your lifetime, both before and after you become incapacitated. A court, however, can take away the powers of your agent if it finds that the agent is not acting properly.

You may also revoke this Power of Attorney if you wish.

This Power of Attorney does not authorize the agent to make health-care decisions for you.

This Power of Attorney does not authorize your agent to appear in court for you as an attorney-at-law or otherwise to engage in the practice of law unless he or she is a licensed attorney who is authorized to practice law in Illinois.

You are not required to sign this Power of Attorney, but it will not take effect without your signature. You should not sign this Power of Attorney if you do not understand everything in it, and what your agent will be able to do if you do sign it.

Please place your initials on the following line, indicating that you have read this Notice:

________
Principal's Initials

ILLINOIS POWER OF ATTORNEY

I, _________, _________, hereby appoint _________ of _________, as my "Agent" ("attorney-in-fact") to act for me and in my name (in any way I could act in person) with respect to the following powers:

This Power of Attorney is not affected by my subsequent incapacity.

My Agent shall have full power and authority to act on my behalf. This power and authority shall authorize my Agent to manage and conduct all of my affairs and to exercise all of my legal rights and powers, including all rights and powers that I may acquire in the future. My Agent's powers shall include, but not be limited to, the power to:

(NOTE: You must strike out any one or more of the following categories of powers you do not want your agent to have. Failure to strike the title of any category will cause the powers described in that category to be granted to the agent. To strike out a category, you must draw a line through the title of that category.)

(	a	)	Real estate transactions
(	b	)	Financial institution transactions
(	c	)	Stock and bond transactions
(	d	)	Tangible personal property transactions
(	e	)	Safe deposit box transactions
(	f	)	Insurance and annuity transactions
(	g	)	Retirement plan transactions
(	h	)	Social Security, employment and military service benefits
(	i	)	Tax matters
(	j	)	Claims and litigation
(	k	)	Commodity and option transactions
(	l	)	Business operations
(	m	)	Borrowing transactions
(	n	)	Estates transactions
(	o	)	All other property transactions

SPECIAL INSTRUCTIONS

My Agent is entitled to reimbursement for all reasonable expenses incurred in acting under this Power of Attorney.

My Agent is entitled to reasonable compensation for any services provided as my Agent.

I am fully informed as to all the contents of this form and understand the full import of this grant of powers to my agent.

(NOTE: This form does not authorize your agent to appear in court for you as an attorney-at-law or otherwise to engage in the practice of law unless he or she is a licensed attorney who is authorized to practice law in Illinois.)

This Power of Attorney is granted in, and shall be governed by the laws of the State of Illinois; however, I intend that this Power of Attorney be universally recognized and that it be universally admissible to recordation. In the event that I become a resident of another jurisdiction, or obtain property, including real property or any other property interest, in another jurisdiction, it remains my intention that the laws of Illinois shall continue to govern this Power of Attorney.

If a guardian of my estate (my property) is to be appointed, I nominate the agent acting under this Power of Attorney as such guardian, to serve without bond or security.

EFFECTIVE DATE

This Power of Attorney takes effect immediately, and will not be affected by my disability or lack of mental competence, except as may be provided otherwise by an applicable state statute.

This is a Durable Power of Attorney. This Power of Attorney will continue to be effective until my death. This Power of Attorney may be revoked by me at any time by providing written notice to my Agent.

Dated ____________________, ______, at _________, Illinois.

__________________________________
_________

Witness Signature: ___________________________________
Name: _________
Address: _________

WITNESS ATTESTATION

The undersigned witness certifies that _________, known to me to be the same person whose name is subscribed as Principal to the foregoing Power of Attorney, appeared before me and the notary public and acknowledged signing and delivering the instrument as the free and voluntary act of the Principal, for the uses and purposes therein set forth. I believe him or her to be of sound mind and memory. The undersigned witness also certifies that the witness is not: (a) the attending physician or mental health service provider or a relative of the physician or provider; (b) an owner, operator, or relative of an owner or operator of a healthcare facility in which the Principal is a patient or resident; (c) a parent, sibling, descendant, or any spouse of such parent, sibling, or descendant of either the Principal or any Agent or Successor Agent under the foregoing Power of Attorney, whether such relationship is by blood, marriage, or adoption; or (d) an Agent or Successor Agent under the foregoing Power of Attorney.

Dated: ___________

___________________________________
_________
_________

STATE OF ILLINOIS,
_________ COUNTY, ss:

This instrument was acknowledged before me on this _____ day of ____________________, ______ by _________.

______________________________
Notary Public

My commission expires _____________

This document was prepared by:
_________
_________

Notice to Person Executing Power of Attorney

A Power of Attorney is an important legal document. By signing the Power of Attorney, you are authorizing another person to act for you, the principal. Before you sign this Power of Attorney, you should know these important facts:

This form does not impose a duty upon your agent to handle your financial affairs, so it is important that you select an agent who will agree to do this for you. It is also important to select an agent whom you trust, since you are giving that agent control over your financial assets and property. In effect, this document gives your Agent the powers to manage, dispose of, sell and convey your real and personal property, and to use your property as security if your Agent borrows money on your behalf, unless you provide otherwise in this Power of Attorney.

Your Agent will have the right to receive reasonable payment for services provided under this Power of Attorney, unless you provide otherwise in this Power of Attorney.

Unless you specifically limit the period of time that this Power of Attorney will be in effect, your agent may exercise the powers given to him or her throughout your lifetime, both before and after you become incapacitated. A court, however, can take away the powers of your agent if it finds that the agent is not acting properly. You may also revoke this Power of Attorney if you wish.

You can change or correct the terms of this Power of Attorney only by executing a new Power of Attorney, or by executing an amendment through the same formalities as an original. You have the right to revoke or terminate this Power of Attorney at any time, so long as you are competent.

This Power of Attorney must be dated and must be acknowledged before a notary public and at least one witness. All witnesses must be mentally competent, and they must witness the principal's signing of the Power of Attorney or (2) the principal's signing or acknowledgment of his or her signature. A Power of Attorney that may affect real property should be acknowledged before a notary public so that it may easily be recorded.

You should read this Power of Attorney carefully. When effective, this Power of Attorney will give your Agent the right to deal with property that you now have or might acquire in the future. The Power of Attorney is important to you. If you do not understand the Power of Attorney, or any provision of it, then you should obtain the assistance of an attorney or other qualified person.

Notice to Agent

When you accept the authority granted under this Power of Attorney, a special legal relationship, known as agency, is created between you and the Principal. Agency imposes upon you duties that continue until you resign or the Power of Attorney is terminated or revoked. As Agent, you must:

1. Do what you know the Principal reasonably expects you to do with the Principal's property;

2. Act in good faith for the best interest of the Principal, using due care, competence, and diligence;

3. Keep a complete and detailed record of all receipts, disbursements, and significant actions conducted for the Principal;

4. Attempt to preserve the Principal's estate plan, to the extent actually known by the Agent, if preserving the plan is consistent with the Principal's best interest; and

5. Cooperate with a person who has authority to make healthcare decisions for the Principal to carry out the Principal's reasonable expectations to the extent actually in the Principal's best interest.

As Agent, you must not do the following:

1. Act so as to create a conflict of interest that is inconsistent with the other principles in this Notice to Agent;

2. Do any act beyond the authority granted in this Power of Attorney;

3. Commingle the Principal's funds with your funds;

4. Borrow funds or other property from the Principal, unless otherwise authorized;

5. Continue acting on behalf of the Principal if you learn of any event that terminates this Power of Attorney or your authority under this Power of Attorney, such as the death of the Principal, your legal separation from the Principal, or the dissolution of your marriage to the Principal.

If you have special skills or expertise, you must use those special skills and expertise when acting for the Principal. You must disclose your identity as an Agent whenever you act for the Principal by writing or printing the name of the Principal and signing your own name "as Agent" in the following manner: "(Principal's Name) by (Your Name) as Agent".

If you violate your duties as Agent or act outside the authority granted to you, you may be liable for any damages, including attorney's fees and costs, caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice from an attorney.

I have read the foregoing notice and I understand the legal and fiduciary duties that I assume by acting or agreeing to act as the Agent (attorney-in-fact) under the terms of this Power of Attorney.

Date: ___________
Signed:

_________________________________
_________