Durable Power Of Attorney Illinois Requirements

The law governing poas both financial and medical is found in the illinois compiled statutes chapter 755 article 45 known as the illinois power of attorney act the basic requirements for a power of attorney in illinois for financial matters are that it must.

Durable power of attorney illinois requirements.

The key points of illinois durable power of attorney laws are listed in the table below. Designate the agent and the agent s powers. The amendments were effective july 1 2011 and included a requirement that there be at least one witness on an executed power of attorney. Finally the power of attorney document requires the principal s notarized signature and at least one witness to be effective.

In illinois each individual has the right to appoint an agent to make property and financial decisions for the individual. Laws illinois power of attorney act 755 ilcs 45. Please note according to section 3 3 6 of the illinois power of attorney act the requirement of at least one witness s signature applies to agencies created after june 9 2000. Illinois durable power of attorney laws cover these types of scenarios and may also extend beyond a patient s death to permit an organ donation or to direct how one s remains are to be disposed of.

In march 2011 atg published an article that provided an overview of the amendments to the illinois power of attorney act 755 ilcs 45. If the power of attorney is durable the authority will sustain the incapacitation of the principal meaning that even if the individual for whom the power of attorney was created becomes sick and unable to make decisions the agent will still be able to perform on his or her behalf.