Free Illinois Real Estate Power of Attorney Form Template

An Illinois real estate power of attorney form appoints an agent to handle real property for you. The Illinois Power of Attorney Act, 755 ILCS 45, governs it, and Article III sets out the statutory short form for property.

Section 3-3 of the act sets rules for both the statutory form and other property powers.

Four Rules for Any Property Power

A property power that doesn’t use the statutory form must be executed by the principal, designate the agent and the agent’s powers, be signed by at least one witness to the principal’s signature, and show the principal acknowledged the signature before a notary public.

The Statutory Short Form

The statutory property power includes a notice on a separate cover sheet in 14-point type, the form itself, a notice to the agent, and a notarized acknowledgment at the end.

Who Can’t Witness or Notarize

Certain people are barred from serving as witness or notary, including the principal’s attending physician or mental health service provider and their relatives.

The Notice Warns About Real Property

The statutory notice explains that the agent’s broad powers may include the power to pledge, sell, or dispose of your real or personal property, even without your consent or advance notice.

Yes, both. Section 3-3 requires at least one witness to the principal’s signature and the principal’s acknowledgment before a notary public, even for a power that doesn’t use the statutory form.

The notary and the witness serve different roles, and the act restricts who may fill each one.

Tip: Check the disqualification list before choosing a witness for your Illinois real estate power of attorney form. Certain relatives and care providers can’t serve.

Plan the signing with both present:

1. Name yourself as principal and your agent.
2. State the agent’s powers, including real property.
3. List any limits on the agent’s powers.
4. Sign in front of a qualified witness, who also signs.
5. Acknowledge your signature before a notary.
6. Give the signed document to your agent.

Cover these points:

• Principal’s and agent’s names
• The agent’s powers, including real property
• Any limits on those powers
• Principal’s and a witness’s signatures
• A notary’s acknowledgment

Document Genius’s step-by-step questionnaire covers each item. Your Illinois real estate power of attorney form is ready to sign in minutes.