Power of Attorney in Illinois
What a Illinois power of attorney needs to be valid — signing, witnesses, notary — and the official forms, plus health care directives.
Short answer: Illinois has a Statutory Short Form Power of Attorney for Property. It must be signed by the principal, signed by at least one witness, and acknowledged before a notary public (the notary cannot also be the witness). 755 ILCS 45/3-3, 45/2-5
| Financial power of attorney | Illinois has a Statutory Short Form Power of Attorney for Property. It must be signed by the principal, signed by at least one witness, and acknowledged before a notary public (the notary cannot also be the witness). Certain people, such as the agent and the agent's relatives, cannot witness. A power of attorney continues through the principal's incapacity until death unless it states an earlier end date. Source: 755 ILCS 45/3-3, 45/2-5 |
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| Health care directive | Health care power of attorney: Illinois has a statutory short form. It must be signed by the principal and one qualified witness; it does not need to be notarized. A non-statutory health care power need not be witnessed. Living will: a person of sound mind who is an adult (or emancipated) may sign a declaration refusing death-delaying procedures for a terminal condition; it must be signed and witnessed by two people age 18 or older. Source: 755 ILCS 45/4-10; 755 ILCS 35/3 |
| Official power of attorney forms | Illinois has statutory forms under the Illinois Power of Attorney Act (755 ILCS 45): a Power of Attorney for Property (financial decisions) and a Power of Attorney for Health Care. The Illinois Department on Aging also lists a Living Will Declaration (755 ILCS 35), a Declaration for Mental Health Treatment (755 ILCS 43) and the POLST form (755 ILCS 40); free copies are available from the Department on Aging Senior HelpLine (1-800-252-8966), the Illinois Guardianship and Advocacy Commission and the Department of Public Health (also in Spanish). The Department of Public Health advises having someone who is not your agent witness your signing of a health care power of attorney (your agent cannot be your health care provider), and a living will must be witnessed by two people, not including your health care professional. IDPH: https://dph.illinois.gov/topics-services/health-care-regulation/nursing-homes/advance-directives.html |
Official forms
- Statutory Short Form Power of Attorney for Property (text in statute)
- Statutory Short Form Power of Attorney for Health Care (text in statute)
- Statutory Short Form Power of Attorney for Health Care (text in statute)
More Illinois estate law
- Medical Power of Attorney in Illinois
- Small Estate Affidavit in Illinois
- Quitclaim Deeds and Transferring Property in Illinois
- Who Inherits If You Die Without a Will in Illinois
- How to Make a Valid Will in Illinois
- How Probate Works in Illinois
- Living Wills and Advance Directives in Illinois
- Revocable Living Trusts in Illinois
- Executor Duties in Illinois
- Letters Testamentary in Illinois
- Affidavit of Heirship in Illinois
- How to Avoid Probate in Illinois
- Transferring a Car After Someone Dies in Illinois
- All Illinois wills, probate and estate rules
FAQ
What are the requirements for a power of attorney in Illinois?
Illinois has a Statutory Short Form Power of Attorney for Property. It must be signed by the principal, signed by at least one witness, and acknowledged before a notary public (the notary cannot also be the witness). Certain people, such as the agent and the agent's relatives, cannot witness. A power of attorney continues through the principal's incapacity until death unless it states an earlier end date.
What are the requirements for a health care directive in Illinois?
Health care power of attorney: Illinois has a statutory short form. It must be signed by the principal and one qualified witness; it does not need to be notarized. A non-statutory health care power need not be witnessed. Living will: a person of sound mind who is an adult (or emancipated) may sign a declaration refusing death-delaying procedures for a terminal condition; it must be signed and witnessed by two people age 18 or older.
Where can I get a power of attorney form in Illinois?
Illinois has statutory forms under the Illinois Power of Attorney Act (755 ILCS 45): a Power of Attorney for Property (financial decisions) and a Power of Attorney for Health Care. The Illinois Department on Aging also lists a Living Will Declaration (755 ILCS 35), a Declaration for Mental Health Treatment (755 ILCS 43) and the POLST form (755 ILCS 40); free copies are available from the Department on Aging Senior HelpLine (1-800-252-8966), the Illinois Guardianship and Advocacy Commission and the Department of Public Health (also in Spanish). The Department of Public Health advises having someone who is not your agent witness your signing of a health care power of attorney (your agent cannot be your health care provider), and a living will must be witnessed by two people, not including your health care professional.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.