The Illinois Power of Attorney has the ability to assign a third-party individual, known as an “agent” or “attorney-in-fact”, the authority to manage aspects of one’s life connected to medical decisions, finances, child care, etc. In order to do this, the agent must be given authorization by the principal using this form. The document requires that the conveyor of authority furnish it with the identifying details of the participating parties, indicate which powers will be offered, and sign it pursuant to the local laws.
Laws
Statutes – Illinois Power of Attorney Act (755 ILCS 45)
Definition – “Agency” means the written power of attorney or other instrument of agency governing the relationship between the principal and agent or the relationship, itself, as appropriate to the context, and includes agencies dealing with personal or health care as well as property. An agency is subject to this Act to the extent it may be controlled by the principal, excluding agencies and powers for the benefit of the agent. (755 ILCS 45/2-3(a))
Signing Requirements – Acknowledgment of at least one (1) witness (second witness optional) and a notary public (755 ILCS 45/3-3(f)).
By Type (11)
- Advance Directive (Medical POA & Living Will)
- Durable (Financial) Power of Attorney
- General (Financial) Power of Attorney
- Limited (Special) Power of Attorney
- Living Will
- Medical Power of Attorney
- Minor Child Power of Attorney
- Motor Vehicle Power of Attorney
- Real Estate Power of Attorney
- Revocation of Power of Attorney
- Tax Power of Attorney
Advance Directive (Medical POA & Living Will) – An assignment & declaration document used for the purpose of handling future healthcare decisions at the time of the principal’s incapacitation.
Download: PDF
Signing Requirements: Acknowledgment of one (1) witness for the medical POA section (755 ILCS 45/4-5.1(a)), two (2) witnesses for the living will section (755 ILCS 35/3(b)).
Durable (Financial) Power of Attorney – Delegates financial matters to a representative where the authority granted continues until the principal’s revocation or death.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of One (1) Witness and a Notary Public (755 ILCS 45/3-3(f))
General (Financial) Power of Attorney – Offers an array of powers in relation to the grantor’s finances, property, investments, etc., and terminates upon their revocation, death, and incapacity.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of One (1) Witness and a Notary Public (755 ILCS 45/3-3(f))
Limited (Special) Power of Attorney – Specifically accomplished by individuals seeking to convey a more distinct authority by giving them the opportunity to insert their own detailed description.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of One (1) Witness and a Notary Public (755 ILCS 45/3-3(f))
Living Will – Otherwise known as a “declaration”, this healthcare form enables users to dictate how certain medical procedures will go down when facing life or death circumstances.
Download: PDF
Signing Requirements: Acknowledgment of Two (2) Witnesses (755 ILCS 35/3(b))
Medical Power of Attorney – Appoints a person of trust the right to make healthcare decisions on your behalf when you are not capable to do so yourself.
Download: PDF
Signing Requirements: Acknowledgment of One (1) Witness (755 ILCS 45/4-5.1(a))
Minor Child Power of Attorney – Parents who wish to provide a family member, close friend, or other caretaker with the capability of authorizing medical treatment for their young one can do so with this written instrument.
Download: PDF
Signing Requirements: Acknowledgment of One (1) Witness
Motor Vehicle Power of Attorney – Those who would like an agent to carry out certain vehicle-related transactions in their name can complete a copy of this form to secure such an arrangement.
Download: PDF
Signing Requirements: Signature of Principal
Real Estate Power of Attorney – Equips an agent with the power to carry out real property affairs in your name.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of One (1) Witness and a Notary Public (755 ILCS 45/3-3(f))
Revocation of Power of Attorney – Squashes the rights & obligations of a previously recorded POA.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Notary Public Recommended
Tax Power of Attorney – Assigns a representative to conduct specified tax matters on another’s behalf.
Download: PDF
Signing Requirements: Acknowledgment of Two (2) Witnesses or Notary Public