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In Illinois, the basic requirements for a power of attorney include: The form must designate the agent and the agent's powers. The principal must properly sign the agreement. Certain forms make the principal acknowledge their signature before a witness or notary public (the notary public may not also be the witness)
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.
Once the LPA is submitted, the Government says it can take up to 20 weeks to register. The power will take effect as soon as the LPA is registered, so the attorney will be able to start making decisions straightaway, unless they specify otherwise on the application. See more on this in how to make a Power of Attorney.
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.
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.
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.
While the Illinois Power of Attorney Act allows a Principal to appoint co-Agents (that is, two or more people who act as Agent at the same time), the short-form, fill-in-the-blank powers of attorney found in the act do not allow for that, which are discussed more below.
Setting up a lasting power of attorney You can download the forms or fill them out online. You can fill out the forms yourself, or with the help of a solicitor or local advice agency. Taking professional advice can prevent problems later on, especially if you're unsure of the process or your affairs are complex.