Last updated ยท Written by the Power of Attorney Maker editorial team. State rules checked against official statute sources.
This page summarizes how a power of attorney must be signed in Illinois, taken from the statute and checked on . The form above applies these rules automatically when Illinois is selected.
Illinois power of attorney at a glance
- Property (financial): 1 witness AND a notary (different people).
- Health care: 1 witness, no notary.
Signing requirements
Financial power of attorney (755 ILCS 45/3-3)
Rule: Sign in front of at least one witness AND acknowledge your signature before a notary. The notary may not also sign as the witness.
Law: 755 ILCS 45/3-3
Witnesses:
- The witness can't be your attending physician or mental health service provider, or their relative.
- The witness can't be an owner or operator (or their relative) of a health care facility where you are a patient or resident.
- The witness can't be a parent, sibling or descendant (or the spouse of one) of you or of any agent or successor agent, by blood, marriage or adoption.
- The witness can't be an agent or successor agent.
- Illinois has a Statutory Short Form Power of Attorney for Property. You don't have to use it: a non-statutory property power is valid if you sign it, it names the agent and powers, at least one witness signs, and it shows you acknowledged your signature before a notary (755 ILCS 45/3-3(b)).
Sources: 755 ILCS 45/3-3, official copy from the Illinois Guardianship and Advocacy Commission
Power of Attorney for Health Care (755 ILCS 45/4-10)
Rule: Sign in front of one adult witness. It does not need to be notarized.
Law: 755 ILCS 45/4-10
Witnesses:
- The witness can't be your agent or successor agent.
- The witness can't be related to you, your agent or successor agent by blood, marriage or adoption.
- The witness can't be your physician, advanced practice registered nurse, dentist, podiatric physician, optometrist or psychologist, or their relative.
- The witness can't be an owner or operator (or their relative) of the health care facility where you are a patient or resident.
- Illinois publishes a free statutory short form for health care through the Department of Public Health.
Sources: Illinois Department of Public Health: Statutory Short Form Power of Attorney for Health Care
Illinois's statutory form
Illinois publishes the Illinois Statutory Short Form Power of Attorney for Property (755 ILCS 45/3-3). It is optional. Our form is a shorter, plain-English alternative that meets the same signing rules; some institutions prefer the statutory form, so ask your bank.
After signing
- Give copies to your agent and successor, and to banks or doctors who will rely on it.
- Keep the original safe and tell your agent where it is.
- To cancel it, sign a written revocation and send it to everyone who has a copy.
General information, not legal advice. Laws change; confirm with the official source or a Illinois attorney. See all states on the requirements by state page.
Frequently asked questions
Does a power of attorney need to be notarized in Illinois?
Financial: Sign in front of at least one witness AND acknowledge your signature before a notary. The notary may not also sign as the witness. (755 ILCS 45/3-3). Medical: Sign in front of one adult witness. It does not need to be notarized. (755 ILCS 45/4-10).
How many witnesses does a Illinois power of attorney need?
For a financial power of attorney: 1. For a medical power of attorney (Power of Attorney for Health Care): 1.
Who can't be a witness in Illinois?
The witness can't be your attending physician or mental health service provider, or their relative. The witness can't be an owner or operator (or their relative) of a health care facility where you are a patient or resident. The witness can't be a parent, sibling or descendant (or the spouse of one) of you or of any agent or successor agent, by blood, marriage or adoption. The witness can't be an agent or successor agent. The witness can't be your agent or successor agent. The witness can't be related to you, your agent or successor agent by blood, marriage or adoption. The witness can't be your physician, advanced practice registered nurse, dentist, podiatric physician, optometrist or psychologist, or their relative. The witness can't be an owner or operator (or their relative) of the health care facility where you are a patient or resident.
Does Illinois have an official power of attorney form?
Yes: the Illinois Statutory Short Form Power of Attorney for Property (755 ILCS 45/3-3). Using it is optional; another form that meets the signing rules is also valid.
Is this Illinois form free?
Yes. Fill it in and download the PDF free, with no signup. Word, the signing packet and saved copies are optional paid extras.