Power Of Attorney requirements in Illinois
- You must be at least 18 years old and of sound mind to create a POA.
- You must sign the document voluntarily, or direct someone else to sign it in your presence.
- The POA must be signed in the presence of a notary public. Two witnesses are not required by Illinois law, but some forms may include witness lines.
- The agent (your chosen person) must be at least 18 years old and willing to serve. For healthcare POA, the agent cannot be your doctor, and for property POA, the agent can be anyone you trust.
- You can name a successor agent in case your first choice cannot act.
- The document must clearly state whether it is durable (remains effective if you become incapacitated) or springing (starts only on disability).
Ready to create your POA? Download the Illinois forms from the Attorney General's website today, and ask a family member to be your agent.
Create your power of attorneyHow to create a Power Of Attorney in Illinois, step by step
- Decide what powers you want to grant: property (finances) or healthcare (medical), or both.
- Get the official Illinois statutory forms from the Illinois Attorney General's website or a legal forms store. These are designed to meet state rules.
- Fill out the form, choose your agent, and specify any limits or special instructions.
- Sign the document in front of a notary public. The notary will verify your identity and stamp it.
- Give a copy to your agent and keep the original somewhere safe. For healthcare, share it with your doctor.
- If you want to revoke or change your POA, do it in writing and notify your agent and any institutions that have a copy.
Cost considerations
Creating a POA in Illinois can cost little or nothing. You can download the free statutory forms and only pay a small notary fee (usually $10-$20). If you use an attorney, expect to pay between $100 and $300 for a straightforward POA. Some banks or credit unions offer notary services free to customers.
Before You Start an Illinois POA
Creating a power of attorney in Illinois requires preparation and attention to state rules. Use this checklist to avoid common delays and ensure your document is valid.
- Decide the type of POA you need (property, healthcare, or both) since Illinois has separate forms and rules for each.
- Identify your agent and a backup agent, and confirm they are at least 18 years old and willing to serve.
- Have your full legal name, address, and date of birth ready, plus the same details for your agent and any witnesses.
- For a property POA, note that Illinois requires your signature to be notarized—witnesses are not required, but a notary is essential.
- For a healthcare POA, Illinois requires your signature to be either notarized or witnessed by one adult; if you are in a nursing home, special witness rules apply.
- Gather copies of any existing estate planning documents (like a will or trust) to keep naming consistent and avoid conflicts.
- Do not sign the document until you are with the notary or witness, as Illinois requires the notary or witness to see you sign or acknowledge the signature.
Common questions
What is the difference between a durable and non-durable power of attorney?
A durable power of attorney in Illinois remains in effect if you become incapacitated. A non-durable one ends if you lose mental capacity. Most people choose a durable POA because it covers unexpected events.
Do I need a medical power of attorney separately?
Yes, in Illinois, you can have one document for healthcare decisions. The 'Illinois Power of Attorney for Health Care' form lets your agent make medical choices. It can also include end-of-life instructions. It's separate from property POA.
Can I write my own power of attorney?
You can, but using the official Illinois statutory form is safer. It includes the required language and is accepted by banks and hospitals. If you write your own, ensure it meets state notarization rules and is clearly worded.
When does a power of attorney take effect in Illinois?
It depends on the type. A durable POA takes effect as soon as you sign it, unless you specify a springing clause. A healthcare POA typically goes into effect when a doctor determines you can't make decisions yourself.