Free Illinois Durable Power of Attorney Forms
In Illinois, a durable power of attorney (POA) is referred to as an agency. It is defined as the written document governing the relationship between the principal, the person who authorizes another, and the agent, the person authorized to make decisions on behalf of the principal.
Illinois Durable Power of Attorney Laws
Durable Power of Attorney Law - The law recognizes the right of an individual to appoint an agent who acts on their behalf in terms of financial, healthcare, personal, and property-related matters. This right can only be exercised when the agent is empowered through a written POA known as the agency.
Illinois law states, “The principal may specify in the agency the event or time when the agency will begin and terminate, the mode of revocation or amendment, and the rights, powers, duties, limitations, immunities, and other terms applicable to the agent and all persons dealing with the agent” (755 ILCS 45/2-4).
Signing Requirements in Illinois
The Illinois durable power of attorney must be signed by one witness and notarized. The agent and notary public cannot be witnesses. Also, the following cannot sign as witnesses: personal doctor or mental health service provider, owner or operator of the attending healthcare facility, direct family and their spouses, and agent-successors (755 ILCS 45/3-3.6).
How To Write a Durable POA in Illinois
A durable POA in Illinois is an important document that allows an agent to act on behalf of a principal, especially when the latter becomes incapacitated or incompetent to the point that they can no longer decide on essential matters.
Here are the steps to creating or writing a durable POA in Illinois:
1. Appoint an agent
The first step is also the most crucial because you want to appoint an agent or attorney-in-fact whom you can trust with your life. Moreover, you want an agent who can make sound and intelligent decisions about your finances, properties, assets, and healthcare.
As soon as you have someone in mind, don’t forget to talk to them about their responsibilities and your wishes.
2. Download an Illinois durable POA template
For your convenience, there are standard printable Illinois POA forms available online. Read the content properly and ensure you understand the details mentioned in the form.
3. List your wishes
A durable power of attorney is necessary when you become incapacitated because it empowers someone of your choosing to decide on various matters for you. Their ability to make those decisions depend on the power of attorney you commissioned, but you can also detail specific preferences and the amount of authority they can exercise.
Most POA forms have spaces where you can write down instructions about how you want certain things to be handled. As the Illinois Power of Attorney Act states: “Your agent is the person you trust to make healthcare decisions for you if you are unable or do not want to make them yourself. These decisions should be based on your personal values and wishes” (755 ILCS 45/4-10).
4. Sign the document
Your signature is required to validate the document. There should be a qualified witness when you affix your signature. In addition, the document must be notarized by a notary public recognized by the State of Illinois. There is a space for the notary public in the durable POA.
Though the agent is not required to sign the POA, they can also do so as a sign of their acceptance of the indicated responsibilities.
5. Keep and distribute copies of the Illinois durable POA
Store your copy of the durable POA in Illinois in a safe place. Provide copies to your agent, family, attending physician, healthcare provider, and other significant entities. The document is essentially written permission so that your agent can carry out your wishes. Relevant individuals should thus be informed about it.