Get To Know Your Illinois Statutory Power of Attorney Laws!
One of the most secure ways to make sure you and your assets are looked after when you can no longer do it yourself is to grant a power of attorney (POA).
As an agent, you will be asked to take responsibility for someone else’s financial affairs.
In both cases, if you are a resident of Illinois, it is worthwhile knowing the state laws that apply to powers of attorney—getting it right guarantees security all around.
DoNotPay has all the information you need on Illinois statutory power of attorney laws—the better you know the law, the more secure you will be!
A power of attorney is a legal document that gives control of certain aspects of the principal’s life to an agent or attorney-in-fact.
A POA can regulate:
- The principal’s healthcare if they can’t make decisions for themselves
- Decisions on when the principal’s life ends and what should happen
- How the principal’s finances are managed before and after they are incapacitated
Financial powers of attorney control what happens to the principal’s monetary affairs if they become unable to manage them on their own.
Different kinds of POA are needed for different circumstances, as follows:
|Type of POA||Explanation|
|General POA||If the principal needs help with financial management but is still able to make decisions, they can use a general POA. This hands full control over to their agent but terminates when they become incapacitated|
|Durable POA||A durable POA remains in force after the principal is declared incapacitated and is useful as a preparatory measure to make sure they and their family are looked after|
|Springing POA||This POA type kicks in when the principal is declared incapacitated, meaning they retain control of their finances up to that point. It is useful to safeguard against sudden incapacities, such as a stroke or heart attack. It may be difficult to administer if the principal suffers from gradual deterioration of their faculties, as is the case with Parkinson’s disease, Alzheimer’s, or other forms of dementia|
|Limited or special POA||If the principal expects to be incapacitated for a short time before recovering or needs help performing specialized financial tasks, a limited POA is the perfect solution|
Illinois legislates for powers of attorney under the Illinois Power of Attorney Act, Ill. Com. Stat. 755/45.
Under article three of the act, the state provides a statutory form that must be used for property transactions.
The POA gives the attorney-in-fact—in these transactions, usually a realty agent or realty broker—the power to act on behalf of the principal to conduct property purchases and sales.
The statutory form should be filled out and signed by the principal, then given to the agent to file with the local deeds office.
Using a standard form for all property transactions in Illinois goes a long way towards:
- Eliminating fraudulent property transactions
- Regulating realty agents
- Controlling the transfer of property deeds
All other financial powers of attorney in Illinois can be drafted by the principal.
Whether it is a statutory short form POA or a non-statutory one, all Illinois power of attorney documents need to be countersigned by at least one witness.
Witnesses must be:
- Aged 18 or over
- Of sound mind
The following people are not allowed to witness a POA in Illinois:
- Any attending physician or mental health provider
- The owner or operator of a healthcare facility where the principal is being treated
- Any family member of either the principal or the agent
- The agent designated in the POA
- Verify your identity
- Check you are of sound mind at the time of signing
- Make sure you are not signing under duress
If you want to draw up a POA letter in Illinois, you may feel you need a lawyer to do the work for you. DoNotPay disagrees—we can prepare a non-statutory power of attorney online for you in a few clicks!
DoNotPay is on a mission to make legal processes as easy as possible for you. Setting up a power of attorney is no exception!
If you need a power of attorney for property in Illinois, you can download it from the state government website. Getting your non-statutory POA for Illinois is a matter of a few clicks with DoNotPay—here’s how:
- Sign up with DoNotPay in your web browser
- Click on our Create a Power of Attorney product
- Follow the prompts and fill in the details you need
DoNotPay will generate your POA in an instant—all you need to do now is sign it and have it notarized.
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