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Your decision to revoke a power of attorney should be in writing in a Power of Attorney Revocation and should specify the exact document you are rescinding, who was given your POA and on what date. Illinois law requires that a POA revocation document is notarized to be legally binding.
An Illinois Power of Attorney for Health Care has been created by the Illinois legislature. This form must be signed by the principal and one witness. It does not need to be notarized.
The principal can revoke a POA when there is gross mismanagement on the agent's part, the agent breaches the contract terms, or acts beyond his/her scope of powers. In such cases, even an irrevocable POA can be revoked by issuing a revocation notice.
One witness must be a medical practitioner or be a person who is authorised to witness affidavits.
You can revoke your Enduring Powers of Attorney at any time whilst you have mental capacity to do so. This revocation must be given to the Attorney/s in writing. We also recommend that you provide a copy of the revocation to your Bank for property matters, and your Doctor for care and welfare matters.
If you have made and signed a Power of Attorney such as a Lasting Power of Attorney or an Ordinary Power of Attorney, you are perfectly within your rights to cancel it. It is also possible to make a Deed of Partial Revocation, which would allow you to remove an attorney without revoking the whole document.
In Illinois, your power of attorney is durable by default (meaning it remains effective after your incapacitation) unless you explicitly state otherwise in the document.
For real estate transaction, Illinois requires the filing of a standard power of attorney form called the Illinois Statutory Short Form Power of Attorney for Property. It is a boilerplate document anyone can fill out, sign, and have notarized with the help of a licensed attorney.
(NOTE: This power of attorney will not be effective unless it is signed by at least one witness and your signature is notarized, using the form below. The notary may not also sign as a witness.)
After your Power of Attorney for Health Care document is signed by you, witnessed and notarized (OPTIONAL), you should send the original form to your agent and provide copies to your lawyer, your doctor and to family members or close friends on whom you can rely to act according to your interests and values.