Power of attorney in Illinois: form, signing and powers

The form, the signing rules, durable or not, and what an agent can do in Illinois, from Illinois law.

Checked against official sources: October 31, 2026.

Short answer

Illinois Power of Attorney Act; Article III is the 'Statutory Short Form Power of Attorney for Property Law'

Official form
Illinois Statutory Short Form Power of Attorney for Property
How to sign
Notarized and signed in front of one witness
Durable unless it says otherwise?
Yes: it continues if you lose capacity unless it says otherwise.
Uniform Power of Attorney Act
No

Words used in Illinois

In Illinois you name an agent for money and property in a power of attorney for property, and a health care agent in a separate power of attorney for health care. A living will only covers death-delaying procedures if you have a terminal condition. If an adult cannot decide and has no documents, doctors turn to a 'surrogate' from a list in the law, and a circuit court can appoint a guardian of the person, of the estate, or both.

An agent (also called an attorney-in-fact) is the person you choose to act for you. You are the principal.

Money and property
Power of attorney for property
The person you choose
Agent (the Act defines agent as 'the attorney-in-fact or other person designated to act for the principal')
Health care
Power of attorney for health care (the state form is the 'Illinois Statutory Short Form Power of Attorney for Health Care'; you name a 'health care agent')
Treatment wishes
Living will (a 'declaration' under the Illinois Living Will Act)
Court-appointed decision-maker
Guardian of the person and/or guardian of the estate of a 'person with a disability' (limited or plenary guardian)

Law and official form

Law
Illinois Power of Attorney Act; Article III is the 'Statutory Short Form Power of Attorney for Property Law'
Uniform Power of Attorney Act
No
Official form
Illinois Statutory Short Form Power of Attorney for Property (with the Notice to the Individual Signing and the Notice to Agent)Published by Illinois Department on Aging; the form text is also printed in 755 ILCS 45/3-3 on the General Assembly site

You do not have to use it.

Using the form is optional; other forms may be used. The form has three parts: the Notice to the Individual Signing (a cover sheet), the form itself and the Notice to Agent. You strike out any category of powers you do not want; a category not struck out is granted. You may name successor agents but not co-agents on this form. It must be signed by one witness and notarized. The Department on Aging PDF footer reads 'Based on 755 ILCS 45/3-3 (eff. July 27, 2015)'.

Law: 755 ILCS 45/3-1, 3-3(b)

Law: 755 ILCS 45/1-1, 3-2; 755 ILCS 45/3-3, 3-4, 2-10.5(a)

Signing rules

How to sign

Sign your power of attorney for property in front of one witness and a notary public. Both the statutory form and any other ('nonstatutory') property power must be signed by at least one qualified witness and acknowledged before a notary.

Who signs

You (the principal) sign. The Act does not set out a rule for someone else signing for you on a property power.

Notary
Required
Witnesses
1
Who cannot witness

At least one witness must sign, and your signature must be notarized. The notary may not also sign as a witness. None of these may be the witness or the notary: your attending physician or mental health service provider, or a relative of either; an owner or operator (or a relative of an owner or operator) of a health care facility where you are a patient or resident, including directors and executive officers of a corporate operator; a parent, sibling or descendant, or the spouse of a parent, sibling or descendant, of you or of any agent or successor agent (by blood, marriage or adoption); or any agent or successor agent. A second witness is optional.

Source: the form notes other jurisdictions may require two

Agent's acknowledgment

No agent signature is needed to make the power of attorney valid. When a bank or other third party asks, the agent must give an affidavit or the 'Agent's Certification and Acceptance of Authority' (separate versions exist for successor agents and co-agents). The agent must be given the Notice to Agent.

Electronic signing

A power of attorney that is durable under Article II, an agent's certification and an advance directive are 'nontestamentary estate planning documents': they may be signed electronically, notarized electronically, and witnessed electronically, and a requirement that a witness be in your presence is met by real-time 'electronic presence'. Any document other than a will may also be witnessed by audio-video communication under the procedure in the Act.

Law: 755 ILCS 6/1-20, 11-25, 11-35, 11-40, 15-5

Law: 755 ILCS 45/3-3(b), (d); 3-3.6; 2-8(a)-(b); 3-3(e)

Durable and springing

Is it durable?

Unless the power of attorney gives an earlier end date, it continues until your death no matter how much time passes, and even if you become disabled or incapacitated or a guardian is appointed.

Law: 755 ILCS 45/2-5

Durable unless it says otherwise?
Yes: it continues if you lose capacity unless it says otherwise.
Starting later (springing)

You can say in the document when the agency begins and ends. On the statutory form it takes effect when signed unless you fill in paragraph 6 with a future date or event, such as a court finding of disability or a physician's written determination of incapacity. Under the Act you are 'incapacitated' if a court has found you to be under a legal disability, or if a physician licensed to practice medicine in all its branches examined you, determined you lack decision-making capacity, signed a written record within 90 days after the exam, and the record was delivered to the agent.

Law: 755 ILCS 45/2-4(a); 755 ILCS 45/3-3, paragraph 6; 755 ILCS 45/2-3(c-5)

What an agent can and cannot do

Needs express permission
  • Make gifts of your property
  • Exercise powers of appointment
  • Change a beneficiary you named to take your property at death (under a will, trust, joint tenancy, beneficiary form or contract)
  • Name or change joint tenants
  • Revoke or amend a trust you can revoke or amend, or make a trustee pay income or principal to the agent (needs specific authority and a specific reference to the trust)
  • Withdraw from accounts titled in the name of a trust governed by the Illinois Trust Code (needs specific reference to the trust)
  • Delegate discretionary decision-making to others (statutory form paragraph 4; strike it if you do not want this)
No power of attorney can

An agent under the statutory property power may not make or change your will. The power of attorney does not let the agent appear in court for you as a lawyer unless the agent is a licensed Illinois attorney.

Law: 755 ILCS 45/3-4(n); 755 ILCS 45/3-3, Notice

Law: 755 ILCS 45/3-4 (opening paragraph, (b), (n)); 2-9; 3-3 paragraphs 3-4

Agent duties, pay and court review

Agent duties
  • No duty to act at all, but once acting, act in good faith for your benefit with due care, competence and diligence, following the document
  • Act according to your expectations as actually known to the agent, and otherwise in your best interest
  • Keep a record of all receipts, disbursements and significant actions, and give a copy when asked by you, a guardian or other fiduciary, your estate after death, adult protective services, the Long Term Care Ombudsman, the Office of Inspector General (DHS), the Office of State Guardian or public guardian, or a court
  • Take your known estate plan into account and try to preserve it
  • Do not commingle your funds with the agent's own, and do not borrow from you unless authorized
  • Sign as '(Principal's Name) by (Agent's Name) as Agent'
  • Stop acting once the agent learns the power of attorney or the agent's authority has ended
Agent pay

On the statutory form your agent is entitled to reimbursement of reasonable expenses, and also to reasonable compensation unless you strike out paragraph 5.

Law: 755 ILCS 45/3-3, paragraph 5 and its note

Asking a court to review an agent

Any interested person (you, the agent, a guardian, your spouse, parent, descendant or presumptive heir, a beneficiary, adult protective services, the Long Term Care Ombudsman, the State Guardian or a public guardian, a regulator, your caregiver or another person with sufficient interest in your welfare) can petition. If the court finds you lack capacity to control or revoke the agency, it may construe the power of attorney, review the agent's conduct and grant relief including damages, order a guardian to exercise or revoke the agency, or enter other orders. Cases are filed in the county where a guardian was appointed or, if none, where the agent or principal lives or you own real estate. Adult protective services, the State Guardian, a public guardian or the Ombudsman can ask a court to order an agent to produce records not given within 21 days.

Law: 755 ILCS 45/2-10; 755 ILCS 45/2-7(d)

Law: 755 ILCS 45/2-7, 2-9, 3-3(e)

When it ends and how to revoke it

How to revoke a power of attorney in Illinois

Official forms in Illinois

Forms published by the state or its courts. You open them on the official site.

Financial power of attorney

Health care directive

Living will

Guardianship / conservatorship

Good to know in Illinois

  • Illinois requires both a witness and a notary for a power of attorney for property, and strict limits on who may witness.

    Law: 755 ILCS 45/3-3.6

  • The health care power of attorney needs only one witness and no notary; you can choose a 30-day delay before a revocation takes effect.

    Law: 755 ILCS 45/4-5.1, 4-6(a-5)

  • Guardians appointed by the court must complete a state training program and file a certificate within one year, with listed exemptions.

    Law: 755 ILCS 5/11a-12(e), as amended by P.A. 104-237, eff. 1-1-26

  • A declaration for mental health treatment can be invoked only within 3 years of signing.

    Law: 755 ILCS 43/10

Changes in 2024–2026

P.A. 103-301 (eff. 1-1-24) recognizes electronic powers of attorney and advance directives, electronic notarization and witnessing by electronic presence. P.A. 103-994 (eff. 1-1-25) amended the reasons a third party may refuse a power of attorney. P.A. 104-237 (eff. 1-1-26) amended the guardian training requirement. P.A. 104-378 (eff. 1-1-26) amended when a living will operates. P.A. 104-820 (eff. 8-7-26) amended the Health Care Surrogate Act. Coming: P.A. 104-609 (eff. 1-1-27) removes two refusal reasons from 755 ILCS 45/2-8; P.A. 104-663 (eff. 1-1-27) broadens the Supported Decision-Making Agreement Act; P.A. 104-465 (eff. 7-1-27) renames the Office of State Guardian.

Law: 755 ILCS 6, Art. 11; 755 ILCS 45/2-8; 755 ILCS 5/11a-12; 755 ILCS 35/3.5, 9.5; 755 ILCS 40/25, 30

Free help in Illinois

Report abuse or exploitation

Illinois Department on Aging, Adult Protective Services · 1-866-800-1409

Questions about powers of attorney in Illinois

What is a power of attorney called in Illinois?

Power of attorney for property. In Illinois you name an agent for money and property in a power of attorney for property, and a health care agent in a separate power of attorney for health care. A living will only covers death-delaying procedures if you have a terminal condition. If an adult cannot decide and has no documents, doctors turn to a 'surrogate' from a list in the law, and a circuit court can appoint a guardian of the person, of the estate, or both.

Does a power of attorney have to be notarized in Illinois?

Sign your power of attorney for property in front of one witness and a notary public. Both the statutory form and any other ('nonstatutory') property power must be signed by at least one qualified witness and acknowledged before a notary.

Is there an official power of attorney form in Illinois?

Illinois Statutory Short Form Power of Attorney for Property. You do not have to use it.

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