A Power of Attorney in Illinois Deciphered

Create a Power of Attorney A Power of Attorney in Illinois Deciphered

Get a Power of Attorney in Illinois in a Few Easy Steps

A power of attorney (POA) can grant immense authority to a person acting as a POA agent. Not only should a principal choose their agent carefully, but the document needs to meet state requirements for the POA to be valid.

What are the specifics of a power of attorney in Illinois? Find out with DoNotPay. We provide relevant information and assistance in drafting your POA.

Understanding Illinois Power of Attorney

Since the Illinois power of attorney needs to comply with state law, i.e., the Illinois Power of Attorney Act, here are some basic requirements your POA letter needs to include:

  • A designation of an agent
  • A written description of the agent’s powers

In addition, the power of attorney document needs to be notarized and signed by:

  1. A principal
  2. An attorney-in-fact or agent (who must be at least 18)

Both the principal and the agent need to have a copy of the POA agreement for it to be effective.

Different Types of Power of Attorney in Illinois

There are different types of power of attorney depending on what kind of decisions the principal would like the agent to make on their behalf.

Here’s what you can choose:

  • A springing power of attorney becomes effective if the principal is incapacitated, which has to be verified by physicians
  • A durable POA is effective immediately and does not end in case the principal becomes mentally or physically incapacitated
  • A general power of attorney grants broad powers to an agent, including handling business and financial matters, purchasing life insurance, hiring professionals, settling claims, etc.
  • A limited POA gives an agent the authority to manage the principal's affairs for a finite period, e.g., if the principal is unavailable or outside the country, the agent can sell their property, collect debts, or handle business transactions

How To Appoint Illinois Power of Attorney Agent

When choosing an attorney-in-fact, a principal should pick a person they can trust to look out for their best interests, respect their wishes, and not abuse the granted powers.

A principal can appoint more than one agent, and they can make decisions regarding the specific affairs separately or together. If a principal chooses multiple agents, they could consult each other about all matters. They might also disagree on some decisions, which can lead to delays in the implementation.

As the powers the principal delegates to their agent(s) can be immense, the principal might want to require the attorney-in-fact to:

  1. Keep detailed and accurate records
  2. Provide regular reports and updates
  3. Respond in a professional and timely manner

If the agent doesn’t fulfill the specified obligations to the principal’s satisfaction, they can revoke the power of attorney at any time. If the principal decides to do that, they should:

  1. Notify their agent in writing
  2. Retrieve all POA copies from any third parties that have them (e.g., doctors, bankers, etc.)

How To Get a Power of Attorney in Illinois

To appoint a power of attorney, the principal has to be of sound mind and mentally competent. In some cases, a court might ask for a doctor’s evaluation to verify the principal’s competence.

Here are the necessary forms required by Illinois laws:

Illinois Power of Attorney FormsPurpose
The Illinois Statutory Power of Attorney for PropertyTo appoint an agent to handle real estate transactions on the principal's behalf
The Illinois Statutory Power of Attorney for Health CareTo grant an agent the authority to make medical decisions for the principal

As the forms might be confusing because of the legal jargon, here’s what you can do to make sure you fill them out correctly:

  • Consult a lawyer—Not every attorney is knowledgeable of POA-related matters, but you could inquire who is. This service may be pricey, so if you can’t afford it, consider the following option
  • Sign up for DoNotPay—Our AI-powered app can help you prepare a power of attorney document that meets the legal requirements and your specific needs

DoNotPay Is a Convenient POA Generator

DoNotPay uses artificial intelligence to combine gathered state-specific requirements with the information you provide to generate a power of attorney tailored to your particular circumstances.

Is it complicated? No, here’s how you do it. Subscribe to DoNotPay and complete these steps:

  1. Select the Power of Attorney product
  2. Answer a few questions to help us determine what type of POA is suitable for you

Our app will process the provided information and send you a document with two important notices both parties should review.

If your state requires power of attorney documents to be notarized (and most of them do), we will connect you with a notary public who can notarize your POA agreement remotely 24/7!

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