A Power of Attorney (POA) is a legal document that gives someone else the authority to act on your behalf in financial, legal, medical, or personal matters. In Illinois, executing a Power of Attorney requires careful attention to state-specific laws, including proper formatting, witnessing, and notarization. This guide explains the types of POA used in Illinois, when notarization is required, and how the process works.
What Is a Power of Attorney in Illinois?
A Power of Attorney allows you (the principal) to authorize another person (the agent or attorney-in-fact) to make decisions or take actions on your behalf. This legal arrangement is commonly used when the principal:
In Illinois, POA documents are governed by the Illinois Power of Attorney Act (755 ILCS 45).
Types of Power of Attorney in Illinois
Illinois Statutory Short Form Power of Attorney for Property
Illinois Statutory Short Form Power of Attorney for Health Care
Limited or Special Power of Attorney
Durable Power of Attorney
Does a Power of Attorney Need to Be Notarized in Illinois?
Yes. In most cases, a Power of Attorney in Illinois must be notarized to be legally valid.
Who Can Be a Witness?
The witness to a POA in Illinois must be:
How to Notarize a Power of Attorney in Illinois?
Prepare the Document
Remote Notarization of POA in Illinois
As of recent updates to Illinois notary law, remote online notarization (RON) is permitted for many documents, including powers of attorney. The following requirements apply:
Check with your notary or legal professional to confirm eligibility for remote notarization based on your specific POA type.
Important Considerations
Power of Attorney documents are powerful legal tools that require proper execution to be valid. In Illinois, notarization plays a key role in ensuring the authenticity and enforceability of these documents, especially for property-related powers. Understanding the rules around notarization, witnesses, and document structure can help ensure your POA is recognized when it matters most.
What Is a Power of Attorney in Illinois?
A Power of Attorney allows you (the principal) to authorize another person (the agent or attorney-in-fact) to make decisions or take actions on your behalf. This legal arrangement is commonly used when the principal:
- Is planning for incapacity or serious illness
- Needs someone to manage finances or property
- Wishes to grant authority for specific legal transactions
- Wants someone to make healthcare decisions if they become unable to
In Illinois, POA documents are governed by the Illinois Power of Attorney Act (755 ILCS 45).
Types of Power of Attorney in Illinois
Illinois Statutory Short Form Power of Attorney for Property
- Grants authority to manage financial matters (e.g., banking, real estate, taxes).
- Often used in estate planning or for elderly adults.
Illinois Statutory Short Form Power of Attorney for Health Care
- Authorizes someone to make medical decisions if the principal is unable to communicate or loses capacity.
- May include end-of-life preferences and organ donation instructions.
Limited or Special Power of Attorney
- Grants authority for a specific task or time period (e.g., signing documents while the principal is out of the country).
Durable Power of Attorney
- Remains in effect if the principal becomes incapacitated.
- In Illinois, a POA is considered “durable” unless the document explicitly states otherwise.
Does a Power of Attorney Need to Be Notarized in Illinois?
Yes. In most cases, a Power of Attorney in Illinois must be notarized to be legally valid.
- For property powers of attorney, Illinois law requires the principal to sign the document in the presence of a notary public and at least one witness.
- For health care powers of attorney, the document must be signed in front of one adult witness, but notarization is optional. However, notarization is strongly recommended for added legal protection and recognition, especially if the document will be used across state lines.
Who Can Be a Witness?
The witness to a POA in Illinois must be:
- At least 18 years old
- Mentally competent
- Not the agent, relative, or healthcare provider of the principal
- Not the notary (Illinois law prohibits the notary from acting as a witness on property POAs)
How to Notarize a Power of Attorney in Illinois?
Prepare the Document
- Use a valid form that complies with Illinois statutes (e.g., statutory short form).
- Complete all required fields but do not sign in advance.
- The principal must appear in person before the notary with a valid government-issued photo ID.
- For property POAs, at least one witness must be physically present during signing.
- The principal signs the document in front of both parties.
- The notary completes the notarial certificate and affixes their official stamp or seal.
- Keep the original in a secure location.
- Provide copies to the agent and any relevant institutions (e.g., banks, medical providers).
Remote Notarization of POA in Illinois
As of recent updates to Illinois notary law, remote online notarization (RON) is permitted for many documents, including powers of attorney. The following requirements apply:
- The notary must be commissioned and authorized to perform RON in Illinois.
- The notarial act must be conducted over a secure, state-compliant audio-video platform.
- The witness, if required, must be present in real-time during the signing.
Check with your notary or legal professional to confirm eligibility for remote notarization based on your specific POA type.
Important Considerations
- Review the document carefully before signing. Legal advice is recommended if you’re unsure about the scope of authority being granted.
- Powers of attorney are revocable unless stated otherwise. The principal can revoke the document at any time while mentally competent.
- If the POA will be used outside Illinois, it’s advisable to have it notarized and possibly apostilled, depending on the receiving jurisdiction.
Power of Attorney documents are powerful legal tools that require proper execution to be valid. In Illinois, notarization plays a key role in ensuring the authenticity and enforceability of these documents, especially for property-related powers. Understanding the rules around notarization, witnesses, and document structure can help ensure your POA is recognized when it matters most.