Free Illinois Revocation Power of Attorney Form

Revoking a Power of Attorney in Illinois

In Illinois, you have the right to terminate a Power of Attorney at any time, provided you can prove you are mentally competent. The revocation must be clearly stated in writing and properly delivered to the agent and any third parties who relied on the original POA.

Here’s what you will need to do:

• Draft and sign a written notice clearly stating the revocation of the Power of Attorney.
• Include key details, such as the date of the original POA and the name of the agent.
• Notify the agent and any third parties, such as banks or hospitals, who may rely on the POA.
• Use certified mail or hand-delivery to get proof of receipt.

If the original POA was recorded with the County Recorder, file the revocation with the same office to update public records.

Illinois Revocation Laws

The Illinois Power of Attorney Act (755 ILCS 45) regulates the creation and revocation of POAs in Illinois. According to this law:

• You as the principal must be of sound mind and fully understand the consequences of revoking the POA.
• A POA can be revoked at any time unless it includes specific termination conditions, such as reaching the expiration date.
• The revocation becomes effective once the agent and any relevant third parties receive written notice of the cancellation.

If the principal becomes incapacitated, court intervention may be required to revoke the POA.

Notarization Requirements for Revocation in Illinois

Illinois law does not require notarization for a POA revocation to be considered valid. However, notarizing the revocation form is highly recommended, as banks or other institutions, may request a notarized copy before accepting the revocation.

If the original POA was notarized or recorded with the County Recorder, it’s a good idea to notarize and file the revocation as well.

This helps make sure public notice and prevents unauthorized use of the revoked POA.

Helpful Resources

Learn more about revoking a Power of Attorney in Illinois through these official resources:

• Illinois Power of Attorney Act (755 ILCS 45)
• Illinois Administrative Code Title 92 §1225.275