Free Illinois Limited Power of Attorney Form

An Illinois limited power of attorney gives your agent authority over a narrow slice of your property or financial affairs. The Illinois Power of Attorney Act, 755 ILCS 45, governs it, including an optional statutory short form.

Illinois sets firm signing rules for every property power. Also, they apply whether or not you use the statutory form.

A Witness and a Notary, Every Time

Each property power must bear a witness’s signature and be notarized (755 ILCS 45/3-3.6(a)). A custom document must also designate the agent and the agent’s powers (45/3-3(b)).

People Who Can’t Witness or Notarize

None of the following may act as your witness or notary:

• Your attending physician or mental health service provider, or their relative
• An owner, operator, or relative of an owner or operator of a health care facility where you live or receive care
• A parent, sibling, or descendant of you or any agent, or that person’s spouse
• Your agent or successor agent

The Notary Can’t Double as the Witness

The statutory form states that the notary may not also sign as a witness. Illinois requires only one witness, though the form includes an optional line for a second.

Co-Agents Aren’t Allowed on the Statutory Form

You may name successor agents on the statutory form, but not co-agents (45/3-3(c)). If you want two agents acting together, the statutory form isn’t the right tool.

Illinois grants by default. The statutory form lists 15 categories, from real estate to “all other property transactions.” Every category you don’t strike out is granted. To strike one, you draw a line through its title (45/3-3(d)).

So an Illinois limited power of attorney built on the form keeps one or two categories and crosses out the rest. Then you can narrow it further:

• Paragraph 2 — add specific limits, such as a condition on selling one property.
• Paragraph 3 — add powers the categories don’t cover, like making gifts.
• Paragraphs 6 and 7 — set a start date and an end date.

Importantly, striking categories or adding limits doesn’t stop the document from counting as a statutory form (45/3-3(b)). Also, the explanatory “NOTE” paragraphs should stand out from the legal text, for example in bold or a different font.

Because two other people must sign, plan one appointment with your witness and the notary. Then follow these steps:

1. Strike every category you don’t want to grant.
2. Write any limits in paragraph 2 and any extra powers in paragraph 3.
3. Strike paragraph 5 if you don’t want your agent paid for their services.
4. Fill in an end date or event in paragraph 7.
5. Sign in front of a qualified witness and a separate notary public.
6. Give your agent the Notice to Agent along with the signed form.

Your Illinois limited power of attorney form should show exactly which powers survived the pen. Include:

• The Notice to the Individual Signing, with your initials
• Names and addresses for the principal and agent
• A line through every category you’re not granting
• Specific limits and additions in paragraphs 2 and 3
• Start and end choices in paragraphs 6 and 7
• Signatures for you, your witness, and the notary
• The Notice to Agent

Also note that the listed categories don’t let your agent make gifts or change beneficiaries (45/3-4). Likewise, the estate category doesn’t let an agent make or change your will. Nor can the agent revoke or amend your revocable trust without specific authority that names the trust. So add those powers only if you truly mean to.