Types

Durable (Financial) Power of Attorney Form – A form explicitly designed in such a way that it will still persist in a situation where the principal is incapacitated.

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General (Financial) Power of Attorney Form – A financial POA that will immediately come to a halt when determined, either by the law or a licensed physician, that the principal lacks decision-making abilities due to their deteriorated health condition.

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Limited (Special) Power of Attorney Form – A principal who does not need to assign sweeping decision making powers to their agent can instead assign limited powers using this more specific type of POA.

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Medical Power of Attorney for Healthcare Form – Although specifying end-of-life care arrangements of the principal is the primary use case of this form, any decisions relating to their medical care may be outlined within it.

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Minor Child Power of Attorney Form – A parent may nominate an attorney-in-fact, more commonly known as an agent, to make decisions concerning their child, including, but not limited to, medical examinations as well as routine health checks.

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Motor Vehicle Power of Attorney (Form RT 5.10) – A relatively straightforward legal document that signals a motor vehicle owner’s intent to transfer responsibility for certain affairs connected to their vehicle to another party.

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Real Estate (Property) Statutory Power of Attorney Form – Given the implications that this form carries in terms of entrusting an agent to manage an individual’s real property on their behalf in some regard, it is vital that the agent selected for this POA is both reliable and trustworthy.

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Revocation of Power of Attorney Form – Any revocation of an agent’s powers should be stated in writing. Given that this form is designed to address that very concern, filing it is the simplest way to effectively revoke a POA.

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State Tax Power of Attorney (Form IL-2848) – Illinois residents that require assistance in some way filing their taxes can designate an individual or entity to do so by filling out a State Tax Power of Attorney Form.

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What is an Illinois Power of Attorney?

An Illinois Power of Attorney acts as a legal reference of a Principal’s declaration that they have chosen to hand over certain decision-making powers to an Agent. The terms of the form will only be considered legally-binding if the Principal entered the arrangement on their own accord, in a sound state of mind. In other words, they may not be coerced into making such a declaration, nor can the form be drafted when they are in an incapacitated state.

• Illinois Power of Attorney Laws – (Chapter 755, Article 45, Illinois Compiled Statutes, “Illinois Power of Attorney Act”)
• State Definition of Power of Attorney – No state definition given.
• Signing Requirements 
  • General / Durable Power of Attorney (ILCS 45/3-3) – The form must be signed by the Principal and at least one (1) witness to the Principal’s signature. The signing must take place before a Notary Public.
  • Medical Power of Attorney for Healthcare (755 ILCS 45/4-5.1) – The Principal must sign the form before a witness who meets state-mandated witness requirements. The witness is also required to sign the form.

When is it Effective?

In accordance with ILCS 45/3-3, a Power of Attorney form is considered valid if all of the following conditions are met:

1. The Principal executes it,
2. The Agent and their powers are designated,
3. At least one (1) witness to the Principal’s signature signs it, and
4. The form indicates that the Principal has acknowledged their signature before a Notary Public.

In accordance with 755 ILCS 45/4-5.1, in order to execute a Medical Power of Attorney for Healthcare, the Principal must sign the document before one witness who is also required to sign the form. The Principal must ensure that the individual who they select to act as a witness to their signature meets all of the witness criteria set out by 755 ILCS 45/4-5.1.

Sample Template