The Illinois durable power of attorney (DPOA) is a document that enables one person to authorize another person to represent them before financial, legal, governmental, and other institutions and third parties.
The main parties to this document are the principal and the person who represents the principal, called the agent or attorney-in-fact.
The parties mostly use the Illinois durable power of attorney when they are located far from the place where certain actions need to be taken, and they want another person to represent them.
Moreover, the principal can also use this document when they are incapacitated, when their physical or mental health is unstable, or when they have some kind of disability, like dementia or Alzheimer’s disease
Durable Power of Attorney Laws & Requirements in Illinois
Laws & Requirements
Relevant law: Chapter 755, Act 45 - Power of Attorney Act
Signing requirements: The principal must sign the Illinois durable power of attorney before the notary public and at least one witness.
Statutory form: The Illinois Compiled Statutes, 755 ILCS 45/3-3, provide the statutory form for the Illinois durable power of attorney.
Presumed durability: The Illinois durable power of attorney is presumed durable unless explicitly stated otherwise in the document. (§ 45/2-5)
How to Fill out a Durable Power of Attorney in Illinois
#1. Designate an Agent
When choosing an agent, you should find a person who is of legal age and has the legal capacity to represent you and make decisions on your behalf. Moreover, the agent should also be a trustworthy person who is willing to protect your best interests.
This section includes the first and last names and the mailing addresses of the principal and the agent. If necessary, you can also include additional information about the agent, such as their ID or professional license number.
You can also designate the successor agent. They will only act in cases where the primary agent loses capacity or is otherwise unable to represent the principal.
#2. Grant Authority
After determining the agent, you should define the scope of their authority.
Depending on your needs, there are three ways of defining the scope of authority in the Illinois durable power of attorney form:
Scope of Authority
General authority. Here, you will authorize the agent to take all the necessary steps and interact with any third party on your behalf. You can also limit the general authority by providing a list of actions they cannot take.
Partial authority. Here, the agent will be authorized to take only the actions they are explicitly authorized to take. To grant a certain authority, you must sign your initials before the authority you want your agent to have in the durable power of attorney form.
Specific authority. With this option, you will be able to define the scope of authority in your own words by writing it in the designated area. This option is the most flexible since you can provide the authorities that are not provided in the durable power of attorney form.
#3. Ensure the Form is Durable
In Illinois, the power of attorney is durable by default, meaning that if you want your document to be non-durable, you will have to explicitly state so.
#4. Sign the Form
The principal must sign the Illinois durable power of attorney before the notary public and at least one witness.
#5. Notarize the Form
In Illinois, the durable power of attorney must be notarized. By notarizing it, the notary public will acknowledge the principal’s signature and the authenticity of the document.
#6. Store Your Durable Power of Attorney Form
Finally, you should keep the original copy of the power of attorney in your possession and store it in a safe place. You can give one copy to the agent so they can prove their capacity to third parties when representing you.
How to Revoke a Durable Power of Attorney in Illinois
The best way to revoke the Illinois durable power of attorney is to draft the revocation letter. This document should include the full name and mailing address of the agent and the date of issuing the power of attorney you wish to revoke.
Additionally, you should include any other information that will individualize the power of attorney you want to revoke.
After creating the revocation letter, you should sign it and send a copy to the agent and relevant third parties the agent is interacting with on your behalf so the revocation can take effect.