Minor (Child) Power of Attorney Form | Illinois

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Updated on May 5th, 2023

An Illinois minor (child) power of attorney form allows parents to grant a representative the authority to make decisions and perform actions to ensure the proper care of a child. The person accepting the parental powers may be asked to provide care in the form of transportation, shelter, clothing, and food. Illinois power of attorney law only regulates the delegation of such authority when it concerns the child’s health care (755 ILCS 45/4-3); when appointing a health care representative, parents should instead use the minor power of attorney for healthcare. The state does not specify a limit on how long the representative may act as a caregiver. Generally speaking, a representative’s authority will expire after six months to one year.

Laws

  • Statute – 755 ILCS 45/4-3 (General principles)
  • Signing Requirements (755 ILCS 45/4-5.1(a)) – Illinois law does not provide a statutory signing requirement for minor power of attorney forms. However, it is recommended that the parents sign in the presence of two witnesses and a notary public. For the minor power of attorney for healthcare, the form must be signed by the parents and one witness.