Will.com is not a law firm and does not give legal advice. Its documents and information are not a substitute for the advice of an attorney. Consult a licensed attorney in your state for guidance specific to your situation.

Will.com / Power of attorney / Illinois

IL · Durable Power of Attorney

Make your Illinois power of attorney.

Name someone you trust to handle your finances if you can't. Legally valid in Illinois once signed under the Illinois signing rules below. Free to create, or add secure online document storage with the $29/year subscription.

Illinois POA requirements

Witnesses required1 witness
NotarizationRequired
Statutory formStatutory Short Form Power of Attorney for Property
Statute755 ILCS 45/3-3

Key features in Illinois

  • 15 power categories including safe deposit box access and borrowing transactions
  • Requires both one witness AND notary
  • Agent cannot exercise powers in a manner that contradicts the principal's known wishes
  • Agent certification under penalty of perjury (Public Act 103-0994, eff. 1/1/2025): third parties may request agent certify valid authority

How it works

  1. 1

    Answer a few questions

    About your agent, the powers you want to grant, and when they take effect.

  2. 2

    Download your power of attorney

    A complete, personalized document, formatted for Illinois.

  3. 3

    Sign and share

    Sign in front of 1 adult witness and a notary. Give a copy to your agent.

Recording your Illinois POA

Illinois requires deeds, mortgages, powers of attorney and other instruments relating to or affecting the title to real estate to be recorded in the county where the real estate is situated (765 ILCS 5/28). The county clerk is the recorder in a county of fewer than 60,000 inhabitants, and a larger county elects a recorder (55 ILCS 5/3-5001).

The recording office is the County Recorder (or the County Clerk acting as recorder in counties of fewer than 60,000 inhabitants that have not resolved to keep an elected recorder) in the county in which the real estate is situated. See 765 ILCS 5/28 (powers of attorney relating to or affecting the title to real estate are recorded in the county where the real estate is situated) and 55 ILCS 5/3-5001 (who the county's recorder is).

Who can witness your Illinois POA

I am not the principal's attending physician or mental health service provider, or a relative of that physician or provider; I am not an owner or operator of a health care facility in which the principal is a patient or resident, or a relative of such an owner or operator; I am not a parent, sibling, or descendant, or the spouse of a parent, sibling, or descendant, of either the principal or any agent or successor agent under this Power of Attorney, whether by blood, marriage, or adoption; and I am not an agent or successor agent for property under this Power of Attorney (755 ILCS 45/3-3.6(a)).

Two tiers, both private

Free: nothing leaves your browser. No account, no storage. Clear your answers whenever.

Subscription ($29/year): zero-knowledge encrypted storage. We store the ciphertext; only you hold the key. Edit and update as life changes.

Ready to create your POA?

Whatever you decide today, your family won’t have to guess. Start free, or save it to your account for $29 a year.

Also for Illinois