Illinois Power of Attorney Laws: Durable, Medical, and Financial POA (2026)

Illinois governs all powers of attorney under a single statute: the Illinois Power of Attorney Act, 755 ILCS 45. Article II establishes the rules for durable powers of attorney, Article III provides the statutory short form for property and financial matters, and Article IV governs health care powers of attorney. A property POA signed under this Act is durable by default: it survives the principal's incapacity and remains in effect until the principal's death or the principal revokes it. To execute a valid property POA, Illinois requires the principal's signature, the signature of at least one witness, and acknowledgment before a notary public. Health care POAs under Article IV require one witness but do not require notarization.

What a Power of Attorney Does in Illinois

A power of attorney is a written document in which a principal authorizes an agent (also called an attorney-in-fact) to take legal and financial actions on the principal's behalf. The agent's authority is defined by the terms of the document and by the Illinois Power of Attorney Act, 755 ILCS 45.

Illinois recognizes general financial POAs, limited POAs for a specific purpose, and durable POAs that remain effective if the principal becomes incapacitated. All three categories fall under 755 ILCS 45.

A power of attorney is not permanent. Every POA ends at the principal's death. Once the principal dies, the agent has no further authority, and the personal representative of the estate steps in. During the principal's lifetime, the agent acts as a fiduciary, meaning the agent must put the principal's interests first at all times.

The scope of an agent's authority depends entirely on what the document grants. An agent may handle banking, real estate, business transactions, and taxes, but only to the extent spelled out in the POA. Actions taken outside the document's scope are not legally binding on the principal.

Durable Power of Attorney for Property in Illinois

Under 755 ILCS 45/2-5, a property POA continues in effect notwithstanding the principal's disability or incapacity, unless the document itself specifies a termination date or event. If no termination date is filled in on the statutory short form, the POA is durable by operation of law.

This durability feature is one of the primary reasons people execute a POA while they are still healthy. If incapacity strikes and no durable POA exists, a family member must petition a court for guardianship to gain legal authority to manage the person's finances, a process that is costly, time-consuming, and public. To spare your family that process, ask an Illinois estate planning lawyer for a free case evaluation on a witnessed, notarized property POA while you are still healthy (attorney advertising).

Durability does not mean the agent's authority is unlimited. The agent may only act within the powers granted by the document. Durability simply means the document stays in effect through incapacity rather than lapsing when the principal can no longer supervise the agent directly.

A property POA is distinct from a health care POA. The property POA covers financial and legal decisions. It does not authorize the agent to make medical decisions. Those require a separate instrument under Article IV of the same Act.

How to Create a Valid Illinois Power of Attorney

Illinois sets specific execution requirements for property POAs in 755 ILCS 45/3-3. To be effective, a property POA must meet all three of the following requirements:

1. Principal's signature. The principal must sign the document (or direct another person to sign in the principal's presence if the principal is physically unable to sign).

2. One witness. At least one witness must sign the document attesting to the principal's signature. The Act disqualifies the following persons from serving as witness: the principal's attending physician or mental health service provider, or a relative of that provider; an owner, operator, or relative of an owner or operator of a health care facility where the principal is a patient or resident; and a parent, sibling, descendant, or the spouse of a parent, sibling, or descendant of either the principal or any named agent or successor agent, regardless of whether the relationship is by blood, marriage, or adoption. The notary public who notarizes the document may not also serve as the witness. Before arranging that witness and notary, a power of attorney generator can assemble the document itself from a set of questions about the agent and the powers being granted.

3. Notarization. The principal must acknowledge the signature before a notary public. Notarization is mandatory for property POAs under 755 ILCS 45/3-3.

Notice to Agent. The statutory short form for property under 755 ILCS 45/3-3 consists of three required parts: (1) a Notice to the Individual Signing the Illinois Statutory Short Form Power of Attorney for Property (provided as a separate cover sheet in 14-point type); (2) the Illinois Statutory Short Form Power of Attorney for Property; and (3) a Notice to Agent. The Notice to Agent informs the agent of the fiduciary duties the agent assumes upon acting under the POA. The agent is not required to sign before the POA is valid, but the Notice to Agent must be part of the document package for the statutory form to have the effect prescribed by the Act.

A nonstatutory property POA (one that does not use the statutory short form) must also be executed by the principal, designate the agent and powers, bear at least one witness signature, and indicate notarization of the principal's signature. Nonstatutory forms meeting these requirements are valid under the Act.

What an Illinois Agent Can and Cannot Do

Once a property POA is effective, the agent's authority is shaped by the document and by 755 ILCS 45/2-7, which sets the agent's standard of care.

What the agent can do. The Illinois statutory short form for property lists 15 lettered categories of authority in paragraph 1: (a) real estate transactions; (b) financial institution transactions; (c) stock and bond transactions; (d) tangible personal property transactions; (e) safe deposit box transactions; (f) insurance and annuity transactions; (g) retirement plan transactions; (h) Social Security, employment and military service benefits; (i) tax matters; (j) claims and litigation; (k) commodity and option transactions; (l) business operations; (m) borrowing transactions; (n) estate transactions; and (o) all other property transactions. The form grants every listed category unless the principal strikes out the ones the agent should not have, so the principal controls the scope by deletion. The agent can only act in the categories that remain.

Gift-making is not one of the lettered categories. The form handles it in paragraph 3, where the principal may write in other delegable powers, "including, without limitation, power to make gifts, exercise powers of appointment, name or change beneficiaries or joint tenants." If the principal wants the agent to be able to make gifts, that authority has to be added there in writing.

Fiduciary duties. Under 755 ILCS 45/2-7, an agent who acts under the POA must: act in good faith for the benefit of the principal; use due care, competence, and diligence; act in accordance with the principal's known wishes and otherwise in the principal's best interests; and keep a complete record of all receipts, disbursements, and significant actions taken under the agency. An agent is not required to act, but once the agent does act, the standard of care applies in full.

Liability. An agent who violates the Act is liable to the principal or the principal's successors for the amount needed to restore the value of the principal's property to what it would have been without the violation, plus attorney's fees and costs.

What the agent cannot do. The agent may not make decisions that the document does not authorize. The agent may not make health care decisions under a property POA; those require a separate health care POA under Article IV. The agent cannot act after the principal's death.

Power of Attorney for Health Care in Illinois

Health care powers of attorney in Illinois are governed by Article IV of 755 ILCS 45, beginning at 755 ILCS 45/4-1. A health care POA gives the agent authority to make medical decisions for the principal when the principal cannot make or communicate those decisions personally.

Scope. A health care agent may consent to or refuse medical treatment, choose or discharge health care providers and facilities, decide on care settings (including nursing home placement), review medical records, and authorize or refuse life-sustaining treatment. The scope of authority must be stated in the document.

Execution requirements. The statutory short form for health care under 755 ILCS 45/4-10 must be signed by the principal and witnessed by at least one person who is 18 years of age or older. Notarization is not required for a health care POA. In the statutory form the witness attests that he or she is not: a named agent or successor agent; related to the principal, the agent, or any successor agent by blood, marriage, or adoption; the principal's physician, advanced practice registered nurse, dentist, podiatric physician, optometrist, psychologist, or a relative of one of those individuals; or an owner or operator (or the relative of an owner or operator) of the health care facility where the principal is a patient or resident.

The family bar on the health care form is broader than the one on the property form. The property form disqualifies only a parent, sibling, descendant, or the spouse of one of those relatives, so an aunt, uncle, cousin, grandparent, or in-law may witness a property POA. The health care form rules out any relative by blood, marriage, or adoption, so those same people cannot witness the statutory health care POA.

Nonstatutory health care POAs. A nonstatutory health care document need only be executed by the principal, designate the agent, state the agent's powers, and comply with the limitations in 755 ILCS 45/4-5. It does not need to be witnessed or conform in any other way to the statutory short form.

Agent acceptance. The statutory health care form includes an agent acceptance section. The agent should review and sign to confirm awareness of the duties. Electronic signatures and computer-generated signature codes satisfy the execution requirements under Article IV.

Post-mortem authority. If the principal specifically authorizes it in the document, a health care agent may also have limited authority to make decisions regarding the principal's remains after death, such as directing burial, cremation, or organ donation.

Revoking or Ending an Illinois Power of Attorney

Property POA revocation. Under 755 ILCS 45/2-5, a principal may revoke a property POA at any time, provided the principal has the capacity to do so. No specific form or procedure is required. Revocation can be communicated in any manner to the agent or to any other person dealing with the subject matter of the agency. To protect against third parties relying on the old POA, it is best practice to send written notice of revocation directly to the agent and to any institution (bank, broker, insurer) that the agent has been using.

Health care POA revocation. Under 755 ILCS 45/4-6, a principal may revoke a health care agency at any time without regard to the principal's mental or physical condition. Revocation may occur by: physically destroying or defacing the document in a manner indicating an intent to revoke; a written revocation signed and dated by the principal (electronic or hard copy); or an oral or other expressed intent to revoke in the presence of a witness who is 18 or older and who signs and dates a writing confirming the expression. An electronic health care agency may also be revoked by deleting it in a manner indicating an intent to revoke. One exception to the immediacy of all this: under 755 ILCS 45/4-6(a-5), a principal may elect in the agency itself to have any revocation take effect 30 days after the principal communicates the intent to revoke.

Divorce cuts off a spouse-agent. Under 755 ILCS 45/2-6(b), if a court enters a judgment of dissolution of marriage or legal separation between the principal and the principal's spouse after the agency is signed, the spouse is deemed to have died at the time of the judgment for all purposes of the agency. A spouse named as agent loses authority automatically on entry of that judgment, with no separate revocation needed, and any named successor agent moves up.

Automatic termination. Every power of attorney, whether for property or health care, ends automatically at the principal's death. A property POA also ends if the document specifies a termination date or event and that date or event arrives.

A finding of fraud or undue influence is not on that list. The Act handles agent misconduct through court relief rather than automatic termination: under 755 ILCS 45/2-10, a court may construe the agency, review the agent's conduct, grant relief including compensatory damages, and order a guardian of the principal's person or estate to exercise the principal's powers, including the power to revoke the agency. Revocation is a remedy a court can direct, so someone who suspects a POA was procured by fraud has to go to court and ask for it.

Executing a new POA. Executing a new power of attorney does not automatically revoke a prior POA unless the new document expressly says so. If the principal wants the old POA to be replaced, the revocation should be explicit.

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For a plain-English overview of how POAs work across all 50 states, see the Power of Attorney national guide.

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This page provides general legal information, not legal advice. Illinois power of attorney law is detailed and situation-specific. Consult a licensed Illinois attorney before executing or relying on any power of attorney document.

Page last reviewed: May 2026. Governing statute: 755 ILCS 45 (Illinois Power of Attorney Act).

More Illinois Laws

• Illinois Alimony Laws
• Illinois Divorce Laws
• Illinois Probate Laws

Frequently Asked Questions

Does Illinois require a power of attorney to be notarized?

Yes, for a property POA. Under 755 ILCS 45/3-3, a property power of attorney must be acknowledged by the principal before a notary public. Notarization is also required for nonstatutory property POAs. A health care POA under Article IV of the same Act does not require notarization; one witness signature (by a person 18 or older) is sufficient.

How many witnesses are needed for an Illinois power of attorney?

One. Both property POAs and health care POAs under 755 ILCS 45 require the signature of at least one witness. The notary public may not double as the witness on a property POA. The disqualification lists differ between the two forms. For a property POA under 755 ILCS 45/3-3, the witness may not be an agent or successor agent, the attending physician or mental health service provider or a relative of that provider, an owner or operator of a health care facility where the principal is a patient, or a parent, sibling, descendant, or the spouse of one of those relatives of the principal or an agent. For a health care POA under 755 ILCS 45/4-10, the family bar is broader: no one related to the principal, the agent, or a successor agent by blood, marriage, or adoption may witness.

Is a power of attorney durable in Illinois?

A property POA executed using the statutory short form under 755 ILCS 45/3-3 is durable by default if no termination date is specified. Under 755 ILCS 45/2-5, the agency continues notwithstanding the principal's disability or incapacity. A health care POA under Article IV is also designed to operate when the principal is unable to make decisions, which is when it is most needed.

What is the Notice to Agent in an Illinois property POA?

The Notice to Agent is the third required component of the Illinois statutory short form for property under 755 ILCS 45/3-3. It informs the agent of the fiduciary duties that attach when acting under the POA: the duty to act in good faith, the duty to keep records, the requirement to sign as agent when transacting, and the liability consequences of violating those duties. The agent is not required to sign before the POA is effective, but the notice must be included in the document package.

Can a health care agent make decisions after the principal dies?

Generally no. All powers of attorney, including health care POAs, end at the principal's death. However, 755 ILCS 45 allows the principal to specifically authorize the health care agent to make decisions regarding the principal's remains after death, such as directing cremation, burial, or organ donation, if that authority is granted in the document.

How do I revoke a power of attorney in Illinois?

For a property POA, revocation under 755 ILCS 45/2-5 can be communicated in any manner to the agent or to third parties dealing with the subject matter; no specific form is required. For a health care POA, revocation under 755 ILCS 45/4-6 may be by physical destruction of the document, a written signed and dated revocation (electronic or paper), or an oral expression of intent to revoke made in front of an adult witness who records it in writing. In both cases, informing relevant institutions promptly is important to prevent the old agent from continuing to act.

Can the same document serve as both a property and health care POA in Illinois?

Illinois treats the two instruments separately. The statutory short form for property (Article III of 755 ILCS 45) covers financial and legal decisions. The statutory short form for health care (Article IV) covers medical decisions. While there is no statute that forbids combining the two in a single custom document, the standard practice under Illinois law is to use separate instruments, since they have different execution rules (notarization required for property; not required for health care) and different revocation procedures.