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A ?Durable Power of Attorney? will stay in effect even after the principal is incapacitated. The durable power of attorney ends only after the principal dies.
An Illinois durable power of attorney is a statutory form that allows a person to select someone else to act in their benefit for financial-related decision-making.
How to get power of attorney in Illinois Select your agent and discuss financial, medical, or general responsibilities. Choose the right type of POA to suit your needs. Write the POA agreement on the statutory forms. Ensure the document complies with state laws. Sign and execute the POA form ing to Illinois law.
If you gave your agent the power to conduct real estate transactions, you should also file a copy of your POA in the land records office (called the recorder of deeds in Illinois) in the county where you own real estate.
The document must be notarized. So you will need to have the notary present when you sign. Effective January 1, 2024, electronic signatures are permitted in certain power of attorney documents. A notary or witness can be "electronically present" to electronically sign.
?You can submit your completed Form IL-2848, Power of Attorney, IL-56, Notice of Fiduciary Relationship, and Multi-State Power of Attorney form, including required schedules and supporting documents, using one of the following methods: MyTax Illinois ? Upload it as a single PDF file.
A power of attorney document does not have to be executed by an attorney, nor in the presence of an attorney. But consulting an attorney will ensure that process is done properly and meets all of Illinois' legal requirements.
Durable Power of Attorney A bit like General POAs, but with one additional caveat; Durable POAs have acting rights in the principal's name should he or she become incapacitated.