IL · POA · Updated July 2026 · Free
Illinois Power of Attorney
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Illinois at a glance: Governing Law: 755 ILCS 45/ · Notarization: Required · Witnesses: 1 witness required in addition to notary
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Overview
Powers of Attorney in Illinois
Illinois's Power of Attorney law is governed by the Illinois Power of Attorney Act, which provides statutory short forms for both property and health care. Illinois requires notarization and one witness for a valid financial POA.
Illinois has a separate statutory short form for health care powers of attorney, distinct from the property (financial) form.
Key Facts
Illinois Power of Attorney — Quick Reference
| Requirement | Illinois Rule |
|---|---|
| Governing Law | 755 ILCS 45/ |
| Notarization | Required |
| Witnesses | 1 witness required in addition to notary |
| Statutory Forms | Separate forms for property and health care |
| Default Durability | Durable by default unless stated otherwise |
Legal Requirements
Illinois Legal Requirements
- Must be signed by the principal, notarized, and witnessed by one adult who is not the agent.
- Durable by default under the Illinois Power of Attorney Act.
- Agent has fiduciary duties to act in the principal's best interest.
- A separate statutory short form is used for health care powers of attorney.
Governing Laws
Illinois Governing Laws
755 ILCS 45/3-3
Illinois Statutory Short Form Power of Attorney for Property
Provides Illinois's statutory short form for a financial power of attorney.
Read the full text of these laws at Cornell Law School's Illinois legal resources or your state legislature's official website.
Questions & Answers
Illinois Power of Attorney — Frequently Asked Questions
Does an Illinois POA need to be notarized?
Yes, and Illinois also requires one witness in addition to the notary.
Is an Illinois POA durable by default?
Yes, under the Illinois Power of Attorney Act, unless the document states otherwise.
Does an Illinois financial POA cover healthcare decisions?
No. Illinois has a separate statutory short form specifically for health care powers of attorney.