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 & Requirements
Statute: Chapter 755 ILCS 45 of the Illinois Compiled Statutes.
Signing Requirements: The power of attorney form must be signed by at least one witness and notarized (755 ILCS 45/3-3).
Illinois Power of Attorney – By Type
General (Financial) Power of Attorney
Allows a nominated agent to carry out financial decisions on your behalf.
Signing Requirements: One witness and a notary public.
Medical Power of Attorney
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).
Durable (Statutory) Power of Attorney
Enables an agent to act on your behalf even if you become incapacitated.
Signing Requirements: One witness and a notary public.
Limited (Special) Power of Attorney
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.
Springing Power of Attorney
"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 Power of Attorney (Form RT-5)
Gives an agent the power to manage your vehicle-related affairs.
Signing Requirements: Principal only.
Real Estate Power of Attorney
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 Power of Attorney (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) Power of Attorney
Use this form to temporarily transfer parental rights for child care decisions to a trusted person.
Signing Requirements: One witness and notary public.
Revocation of Power of Attorney
Use to effectively cancel a previously granted power of attorney.
Signing Requirements: Notary public (recommended).
