Illinois Power of Attorney
Illinois Power of Attorney
In Illinois, a power of attorney for property must be signed, notarized, AND witnessed by one witness. The witness and notary cannot be the same person.
Power of attorney requirements in Illinois
Illinois uses a Statutory Short Form Power of Attorney for Property under the Illinois Power of Attorney Act. It can be made durable so your agent can act if you become incapacitated.
Execution requires the principal's signature, one qualifying witness, and a notary — and the witness cannot also be the notary. The agent generally cannot witness either.
Illinois has a separate short form for health care decisions, so many residents create both a Property POA and a Health Care POA.
Reference: Illinois Power of Attorney Act, 755 ILCS 45. This is general educational information, not legal advice — confirm current Illinois requirements before signing.
Illinois signing rules to know
- Illinois requires one witness AND a notary for a property POA.
- The agent, the notary, and certain relatives generally cannot serve as the witness.
- The one witness and the notary must be different people.
How to create your Illinois power of attorney
- 1. Open the iRunDocs power of attorney generator with Illinois selected as your governing state.
- 2. Choose your agent and the specific powers you want to grant.
- 3. Review the PDF preview, then download your document.
- 4. Sign it following Illinois's requirements above, then give copies to your agent and any institution that will rely on it.
Frequently asked questions
Does an Illinois power of attorney need a notary and a witness?
Yes. An Illinois property POA must be notarized and signed by one qualifying witness, and the witness cannot be the notary.
Who cannot witness an Illinois POA?
The agent, the notary, and certain relatives or interested parties generally cannot serve as the witness.
Is the Illinois property POA durable?
Yes, the statutory short form is durable by default, so it continues if you become disabled.
Power of attorney requirements in other states
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