Estates & Powers of attorney

Fill out the forms listed below. You do not need to make copies of this form yet.

• Power of Attorney for Property: Use this program to help you fill out a power of attorney for property.

After you have filled out the form, print out the document single-sided, then do the following:

• Read your document carefully to be sure that you understand it and agree with what is written.
• Write your initials next to the X's which mark the choices you made on each page.

Next, you will need to find at least one witness. A person who answers questions in court under oath If possible, you should find two witnesses.  Illinois only requires one witness, but some states require two witnesses, so it is a good idea to have two witnesses in case you use your POA in another state in the future.  Each witness must be at least 18 years old and be mentally competent. 

A witness must not be:

• Your doctor or mental healthcare provider, or
• An employee of the healthcare facility where you are a patient or resident, or
• A person you listed as an agent or successor agent in the document.

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. Electronic presence could be over a video service like Zoom or Facetime. There are additional rules that must be followed to make the notarization of an electronic signature valid.

Once it is signed, make multiple copies. Give a copy to the agent and copies to the people, agencies, and companies that your agent will need to deal with. It's a good idea, for example, to give copies to your bank or your landlord. An owner of property who rents it out to a tenant If you receive any form of public benefit, you may want to talk to the agency to see if they will put a copy of your POA in your file. They may also have a separate form or process you can complete now to designate a person to act on your behalf in the future.

If you don't think your agent will need to use the power of attorney any time soon, keep the original and give your agent a copy.

Note: Be sure to tell your agent where to find the original.

If your agent might need to use the power of attorney soon, you may wish to give your agent the original and keep a copy for yourself.

When your agent tries to act on your behalf, sometimes the person or financial institution they are working with will demand to see an “Agent's Certification and Acceptance of Authority.” This is so they can confirm the agent has accepted their legal responsibility to act on behalf of you. The agent can sign this part of the form. This may prevent any issues with the person or financial institution accepting the agent’s authority.

They may also require a sample of the agent’s signature. The agent can sign the Specimen signature section near the end of the POA. This signature can be added after you have signed the POA, and the agent does not have to be present when you execute the POA. You must also sign next to the agent’s sample signature. When you sign, you are confirming that the agent signed the other line. You may also get specimen signatures of your successor agents, but you do not have to.