What makes a power of attorney valid in Illinois?

Two statutory forms

The Illinois Power of Attorney Act provides two short forms. One covers property and financial matters. The other covers health care. Each has its own signing rules, and a person who wants both signs two documents.

The person who signs is the principal. The person given authority is the agent.

Signing a power of attorney for property

The statutory property power in 755 ILCS 45/3-3 has three parts: a notice to the individual signing, the power of attorney itself, and a notice to the agent. The form ends with a notarized acknowledgment.

The form states that it will not be effective unless it is signed by at least one witness and the principal's signature is notarized. The notary may not also sign as a witness. Illinois requires only one witness, although the form leaves room for a second.

755 ILCS 45/3-3.6 bars certain people from serving as the witness or the notary. They include the agent or a successor agent, the principal's attending physician or mental health service provider, and a parent, sibling or descendant of either the principal or the agent.

Signing a power of attorney for health care

The statutory health care form in 755 ILCS 45/4-10 tells the principal to sign in front of a witness and to have the witness sign too. It adds that there is no need to have the form notarized.

Under 755 ILCS 45/4-5.1, the witness may not be under 18 years of age. The agent, a successor agent, the principal's attending physician and close relatives of the principal or the agent may not serve as the witness.

The Act allows the health care form to be signed with written signatures or with electronic signatures.

When the authority starts and ends

Unless the principal limits it, the statutory property power becomes effective at the time it is signed and continues until the principal's death. The form lets the principal name a later starting date or event, or an earlier end.

Under 755 ILCS 45/2-5, an agency continues despite the principal's later disability or incapacity unless it states an earlier termination date. A principal who has capacity may amend or revoke it at any time.

Documents that do not use the statutory form

The statutory forms are not the only valid ones. A nonstatutory property power must still be signed by at least one witness and must show that the principal acknowledged the signature before a notary public.

Getting both documents done

The firm's free Document Studio drafts documents online. Both Illinois statutory powers of attorney are also part of the Illinois Family Plan from Hart David Carson LLP, together with a will naming a guardian, for $1,250 for one person or $1,750 for a couple if engaged by December 31, 2026. The plan is for Illinois residents only.

The statutes cited here were checked in November 2026. This page is general information, not legal advice.

Sources

Each figure and rule above comes from the official source listed here, read in November 2026. Fees and statutes change, so confirm the current figure with the state before you file.

• 755 ILCS 45/3-3 ilga.gov
• 755 ILCS 45/3-3.6 ilga.gov
• 755 ILCS 45/4-10 ilga.gov
• 755 ILCS 45/4-5.1 ilga.gov
• 755 ILCS 45/2-5 ilga.gov

This guide is general information, not legal advice, and reading it does not create an attorney-client relationship.