Statutes – Illinois Power of Attorney Act (755 ILCS 45)

Definition – This document is no longer valid once the principal has become incapacitated, refer to the definition below:

• “Incapacitated”, when used to describe a principal, means that the principal is under a legal disability as defined in Section 11a-2 of the Probate Act of 1975. A principal shall also be considered incapacitated if: (i) a physician licensed to practice medicine in all of its branches has examined the principal and has determined that the principal lacks decision-making capacity; (ii) that physician has made a written record of this determination and has signed the written record within 90 days after the examination; and (iii) the written record has been delivered to the agent. The agent may rely conclusively on the written record. (755 ILCS 45/2-3(c-5))

Signing Requirements – Acknowledgment of at least one (1) witness (second witness optional) and a notary public (755 ILCS 45/3-3(f)).