Durable Power of Attorney Form | Illinois

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Updated on May 5th, 2023

An Illinois durable power of attorney form enables the principal, or the individual creating the form, to assign an agent to oversee their finances and make decisions on their behalf. Because the form is durable, the agent will be able to operate even when the principal is unable to make decisions for herself (as determined by a licensed physician). Due to the breadth of the authority granted to the agent, the selected individual is almost always a trusted friend, family member, or capable professional who will act in the principal’s best interests and who will not seek to benefit from the position.

Laws

  • “Durable” Definition – There is no statutory definition for “durable,” however, the term refers to the document sustaining the principal’s loss of decisional capacity.
  • Statute – 755 ILCS 45/Art. II (Illinois Power of Attorney Act)
  • Signing Requirements (755 ILCS 45/3-3(b)) – Must be signed by one witness and acknowledged before a notary public.