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Illinois power of attorney

As of October 26, 2026, an Illinois power of attorney for property needs one witness and a notarized signature; the statutory short form in 755 ILCS 45/3-3 allows no co-agents.1,2

An Illinois statutory power of attorney for property takes effect only with the signature of at least one witness and the principal’s notarized signature, and the notary signs only as notary.1

Updated Checked against gac.illinois.gov, ilaging.illinois.govHow we check

Illinois at a glance

Official state form
Yes1
Notary
Required1
Witnesses
1 witness1

A dash or a missing box means the official pages we read do not state that rule; we never fill it in from memory.

Preview of the document

Power of Attorney

State of Illinois

  1. 1. Important notice to the principal

    This power of attorney is an important legal document. It lets the person you choose (your “agent”) act for you in the money and property matters described below, which can include spending your money and selling or managing your property without asking you first.

  2. 2. Principal and agent

    I, Principal, of Principal’s address (the “principal”), appoint Agent, of Agent’s address, as my agent (also called my attorney-in-fact) to act for me as stated in this power of attorney.

  3. 3. Powers granted

  4. 4. Special powers

  5. 5. Gifts

  6. 6. Benefits to my agent

  7. 7. Limits and special instructions

  8. 8. When it starts and how long it lasts

  9. 9. Revoking this power of attorney

  10. 10. Successor agent

  11. 11. Expenses and pay

  12. 12. Agent’s duties

  13. 13. People who rely on this document

  14. 14. Governing law

  15. 15. Agent’s acceptance

  16. 16. Signatures, witnesses and notary

Sections 3–16 unlock after purchase. Prepared with SimplePaperwork, which is not a law firm.

Illinois’ rules, with sources

State form
  • The Illinois statutory property power has three parts: a notice to the person signing, the Illinois Statutory Short Form Power of Attorney for Property itself, and a Notice to Agent.3
  • For the full effect the Illinois Power of Attorney Act gives the statutory form, the notice to the signer goes on a separate coversheet in 14-point type and the form ends with the notarized acknowledgment.3
  • The Illinois Department on Aging publishes a fillable statutory short form power of attorney for property based on 755 ILCS 45/3-3 as effective July 27, 2015.1
  • On the Illinois statutory form, every category of powers the principal leaves without a line drawn through its title passes to the agent.1
  • The Illinois statutory short form lets the principal name successor agents but not co-agents.1
Signing
  • An Illinois statutory power of attorney for property takes effect only with the signature of at least one witness and the principal’s notarized signature, and the notary signs only as notary.1
  • Illinois requires one witness for a power of attorney for property; the statutory form adds an optional line for a second witness because other jurisdictions may require more.1
  • The Illinois witness certifies that he or she is not the principal’s attending physician or mental health provider, a close relative of the principal or of any agent, or an agent or successor agent.1
  • An Illinois power of attorney for property written outside the statutory form must still be signed by the principal, name the agent and the powers, carry at least one witness signature and show a notarized acknowledgment.3
  • The Illinois witness requirement, added by Public Act 91-790, applies to powers of attorney for property signed on or after June 9, 2000.3
Deadlines
  • Unless limited, authority under the Illinois statutory form starts when the power is signed and lasts until the principal’s death; paragraphs 6 and 7 can set a later start or an earlier end.1
  • An Illinois principal also counts as incapacitated once a licensed physician examines the principal, finds a lack of decision-making capacity and signs a written record of it within 90 days after the exam, delivered to the agent.4
  • The Illinois statutory form lets the principal amend or revoke the power of attorney at any time and in any manner.1
Law
  • The Illinois Department on Aging cites 755 ILCS 45/2-1 and 3-3 of the Illinois Power of Attorney Act for each person’s right to appoint an agent for property and financial decisions.2
  • Signing the Illinois statutory short form revokes every earlier power of attorney for property the principal executed.1
  • An Illinois agent signs for the principal by writing the principal’s name, then the agent’s own name followed by “as Agent.”1
  • The Illinois Notice to Agent requires a complete and detailed record of all receipts, disbursements and significant actions taken for the principal.3
  • An Illinois agent who breaches the agent’s duties or acts beyond the granted authority may be liable for the resulting damages, including attorney’s fees and costs.3
  • Health care decisions in Illinois use a separate statutory short form set out in Article IV of the Illinois Power of Attorney Act.4

Questions about an Illinois power of attorney

Is there an official Illinois power of attorney for property form?

Yes. Section 3-3 of the Illinois Power of Attorney Act prints the statutory short form, and the Illinois Department on Aging offers a fillable copy based on the version effective July 27, 2015. The package has three parts: a notice to the signer, the form itself and a Notice to Agent.

The form works by subtraction: all 15 listed categories, from real estate to estate transactions, go to the agent unless the principal draws a line through a category’s title. Successor agents are allowed; co-agents are not.1,3

Who signs an Illinois power of attorney for property?

The principal, one witness and a notary public, and the notary cannot double as the witness. The witness also cannot be the principal’s doctor or mental health provider, an owner or operator of the principal’s care facility, a close relative of the principal or of an agent, or an agent.

A second witness is optional; the form carries the line because other jurisdictions may ask for two. A power of attorney drafted without the statutory form still needs at least one witness and a notarized acknowledgment.1,3

When does an Illinois power of attorney for property take effect?

At signing, and it runs until the principal’s death, unless paragraph 6 sets a later start, such as a physician’s written finding of incapacity, or paragraph 7 sets an end.

For the Act, a principal is also incapacitated once a licensed physician examines the principal, signs a written finding of lacking decision-making capacity within 90 days of the exam and delivers it to the agent.1,4

What does an Illinois agent have to do?

Act in good faith for the principal’s benefit with due care, competence and diligence, keep a full record of receipts, disbursements and significant actions, and never mix the principal’s funds with the agent’s own.

The agent signs as “(Principal’s Name) by (Your Name) as Agent” and may be liable for damages, attorney’s fees and costs after a breach of these duties.1,3

What to have at hand

  • Full legal names and addresses of principal and agent
  • Which powers the agent gets, and any limits
  • When it starts and whether it continues if the principal becomes incapacitated
  • A successor agent, if you want one

Health care decisions usually take a separate document (a health care power of attorney or advance directive).

Frequently asked questions

Does an Illinois power of attorney for property need a notary?

Yes. The statutory form takes effect only with a notarized signature and at least one witness, and a non-statutory version must also show that the principal acknowledged the signature before a notary public.1,3

Does a new Illinois power of attorney cancel an old one?

The statutory short form does: its first paragraph revokes all prior powers of attorney for property. The Department on Aging notes that, otherwise, a later power of attorney revokes an earlier one only when it says so.1,4

Power of Attorney in other states

More for Illinois

Where this information comes from

Illinois’ rules above come from the state’s own statutes, agency pages and forms, read on the date shown. A rule that passes its review date without a new check is removed automatically.

  1. Illinois Statutory Short Form Power of Attorney for Property (Illinois Department on Aging, based on 755 ILCS 45/3-3) ilaging.illinois.gov · checked Oct 26, 2026 Open the official page (opens in a new tab) ↩
  2. Legal Forms - Advance Directives (Illinois Department on Aging) ilaging.illinois.gov · checked Oct 26, 2026 Open the official page (opens in a new tab) ↩
  3. 755 ILCS 45/3-3, Statutory short form power of attorney for property (text effective July 27, 2015; Illinois Guardianship and Advocacy Commission) gac.illinois.gov · checked Oct 26, 2026 Open the official page (opens in a new tab) ↩
  4. An Overview of Powers of Attorney: Health Care and Property (Illinois Department on Aging, Adult Protective Services toolkit) ilaging.illinois.gov · checked Oct 26, 2026 Open the official page (opens in a new tab) ↩

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