How do I create a power of attorney in Illinois?

Illinois maintains its own Power of Attorney Act, originally enacted in 1987 and updated periodically.

1. Governing Law

755 ILCS 45/1-1 et seq. (Illinois Power of Attorney Act). Article II covers property; Article IV covers healthcare. Not a UPOAA state.

2. Types

General vs limited.

Durable vs non-durable — virtually all Illinois POAs are durable.

Springing — permitted under § 2-4.

Healthcare POA — separate statutory short form under 755 ILCS 45/4-10.

3. Statutory Form

Illinois provides BOTH a Statutory Short Form Power of Attorney for Property (§ 3-3) and a Statutory Short Form Power of Attorney for Health Care (§ 4-10). Use is not mandatory but strongly encouraged.

4. Execution Formalities

Under 755 ILCS 45/3-3 (property POA): principal's signature must be witnessed by one competent adult (not the agent, successor agent, principal's healthcare provider/relative, or notary) AND acknowledged before a notary. Healthcare POA under § 4-5.1 requires one witness only — no notary required.

5. Durability

A POA is durable unless it expressly states it terminates on disability (§ 2-5). Illinois presumes durability.

6. Acceptance by Third Parties

755 ILCS 45/2-8 protects third parties acting in good-faith reliance. Section 2-8(d) requires acceptance unless the third party has actual notice of revocation, incompetence of principal at execution, or improper exercise. Liability and attorney fees for unjustified refusal.

7. Revocation

Principal may revoke at any time orally or in writing (§ 2-7). Written notice to agent and third parties recommended. Record if real estate POA. Death terminates; subsequent court guardianship does NOT automatically terminate (court must specifically suspend).

8. Special Authorities

Major gifts, trust creation/amendment, beneficiary designations, and survivorship changes must be expressly granted; the Statutory Short Form includes optional initialed paragraphs for these powers.

This is legal information, not legal advice.