Published Last updated
Written by Lumr Team
A power of attorney lets you authorize someone you trust to make financial, property, or health care decisions for you. Lumr’s customizable Illinois POA form lets you draft a document adjusted to your needs in just a few minutes.
Where will it be used?
Create your document
A power of attorney lets you appoint another person, called an agent, to make important decisions on your behalf.
Illinois mainly distinguishes between two types of POA:
When drafting your power of attorney form, Illinois law states that the document should meet the requirements outlined below:
| Requirement | Illinois Law | What It Means |
|---|---|---|
| 1. Name the agent and powers | 755 ILCS 45/3-3 and 755 ILCS 45/4-10 | Your document must identify who will act for you and what authority you are giving them. |
| 2. Property POA witness | 755 ILCS 45/3-3.6 | A property POA requires at least one qualifying witness. |
| 3. Property POA notarization | 755 ILCS 45/3-3.6 | The principal's signature on a property POA must also be acknowledged before a notary. The notary cannot also be the required witness. |
| 4. Statutory health care POA witness | 755 ILCS 45/4-5.1 | The Illinois statutory health care form requires one qualifying witness who is at least 18. It does not require notarization. |
| 5. Duration | 755 ILCS 45/2-5 | Unless you set an earlier end date, a POA generally continues despite incapacity and ends when you die. |
| 6. Real estate recording | 765 ILCS 5/28 | A POA affecting title to Illinois real estate must be recorded in the county where the property is located. |
There are various types of POA, depending on your situation. Some of the most common types include:
This document gives your agent broad authority to handle financial and property matters on your behalf.
It can be useful if you want someone to manage a wide range of tasks, such as:
If you want someone to make health care decisions on your behalf, this is the type of document you should choose.
It can cover decisions on things like:
Durable POAs remain effective if you later become incapacitated.
Illinois POAs are generally durable unless you state otherwise. This makes them highly useful for long-term financial or health care planning.
A limited Illinois POA gives your agent authority only for specific tasks that you describe in the document.
You can use it when you need help with one transaction or responsibility, but want to maintain control over other important aspects of your life. For example, you could authorize someone to purchase a property on your behalf, and nothing else.
Illinois allows a parent to give another person authority to make certain health care decisions for a minor child through a power of attorney.
For broader temporary authority over a child's care and day-to-day decisions, Illinois also provides a separate short-term guardian process.
Lumr allows you to quickly draft your very own power of attorney form online. The steps below outline the whole process, which takes just a few minutes.
Start by choosing the correct type, based on what you want your agent to be able to do.
Add your information as the principal and the details of the person you want to appoint as your agent.
Next, you need to lay out exactly what your agent can and cannot do.
Choose whether the authority starts immediately or on a later date. It can also start after a specific event. If you want to, you can also add an expiration date.
Check the information, powers, and any limits before downloading your completed Illinois POA.
You need to make sure that you meet the witness requirements when signing. A property POA requires at least one qualifying witness and a notary.
A health care POA requires one qualifying witness but does not require notarization.
You should provide a copy of the document to your agent, and keep another one for your records. For health care POAs, share copies with your medical providers.
A POA affecting real estate title must also be recorded in the appropriate county.
Still have questions about using a power of attorney in Illinois? The questions below address some of the most common doubts people have.
You can generally revoke a power of attorney while you have legal capacity. To revoke it, you simply tell your agent and anyone relying on the document. You can also fill out a power of attorney revocation form if you want a record of the revocation.
A new POA does not automatically cancel an older one unless it clearly says so.
A qualifying adult can act as the witness for the signing of the document.
Certain people are not allowed to be witnesses, including:
Your agent
The exact restrictions depend on the type of POA you’re signing.
In Illinois, property POAs must be notarized and witnessed.
A health care POA requires one qualifying witness, but you do not need to get it notarized.
A property POA generally takes effect when you sign it. You can also choose to have it take effect after a later date.
It’s also possible to make it effective only after a specific event, such as a determination of incapacity. You must include this clause in the document.
An Illinois POA does not automatically expire after a set number of years. Instead, it continues until you die unless you revoke it earlier.
However, you can also include a specific expiration date or other ending condition in the original POA document
If you’re an agent, you should always be clear that you are signing on the principal’s behalf. A common format is “[Principal’s Name] by [Your Name], as Agent.”
Answer a few questions and download your document in minutes.