The Illinois durable power of attorney form enables the principal (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.
“Durable” definition – There is no statutory definition for “durable,” however, the term refers to the document sustaining the principal’s loss of decisional capacity.
Laws – 755 ILCS 45/Art. II
Signing requirements – Must be signed with one (1) witness and acknowledged before a notary public (755 ILCS 45/3-3(b)).