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The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.
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.
While you should always consult an Illinois attorney before drafting or signing a power of attorney form, the Illinois state government provides a statutory short form power of attorney form as a template.
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.
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.
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)
Witnessing and Notarization Requirement To make a POA in Illinois, you must sign the POA in the presence a notary public and at least one witness. The notary public cannot act as the witness.
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.