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Illinois Power of Attorney

An Illinois Power of Attorney (PoA) is a legal document that grants a trusted individual permission to handle legal matters on your behalf, such as accessing your bank account(s), signing contracts,... Read more

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Making an Illinois Power of Attorney

  • What is an Illinois Power of Attorney?

    An Illinois Power of Attorney (PoA) is a legal document that grants a trusted individual permission to handle legal matters on your behalf, such as accessing your bank account(s), signing contracts, and buying or selling real estate.

    The individual granting control is called the "principal," and the people or organizations obtaining powers are called the "agents" or "attorneys-in-fact. Suitable for Illinois residents, this Power of Attorney is made for use in Lake County, Cook County, DuPage County, and in every other part of the state. All Illinois Power of Attorney forms from Rocket Lawyer can be completely customized to address your particular circumstances. This document provides verification to financial institutions and other parties that your agent can act in your interest when you are not present or able.

  • How can I get power of attorney in Illinois?

    It is quick and easy to give or get the support you might need using a free Illinois Power of Attorney template from Rocket Lawyer:

    1. Make your document - Provide a few basic details and we will do the rest
    2. Send or share - Discuss the document with your agent(s) or get legal advice
    3. Sign and make it legal - Mandatory or not, notarization/witnesses are ideal

    This solution will often be much less expensive and less time-consuming than hiring and working with a traditional lawyer. If needed, you can start a PoA on behalf of a relative, and then have them sign after you've drafted it. Keep in mind that for this document to be legally valid, the principal must be an adult who is mentally competent at the time of signing. If the principal is already incapacitated and unable to make their own decisions, a court-appointed conservatorship generally will be necessary. When managing such a scenario, it would be best to work with a lawyer.

  • Who should have an Illinois PoA?

    Anyone who is over 18 should have a Power of Attorney. While it is tough to acknowledge, a time might come when you can no longer deal with your affairs by yourself. There will also be moments when you are merely out of reach. Common situations where you might consider a PoA to be useful include:

    • You are living out of state or abroad
    • You are getting older or dealing with limited mobility or ongoing health issues
    • You are preparing to move out of your home and into a care facility
    • You wish to give someone broad permission to take legal actions or make decisions on your behalf if you are legally incompetent or absent

    Regardless of whether this Illinois Power of Attorney has been made in response to an unexpected issue or as part of a long-term plan, notarization and witnesses are highly encouraged as a best practice for protecting your agent if someone disputes their privileges and authority.

  • Which type of Power of Attorney do I need in Illinois?

    Power of Attorney documents can be categorized in a few ways. They are largely dependent on how long the powers will be in effect, when they come into effect, and what they will provide authority over. Often, you'll see them separated into the four buckets below:

    • General Power of Attorney - Will grant a broad scope of powers over your affairs
    • Special Power of Attorney - Will grant limited authority over selected matters
    • Durable Power of Attorney - Will remain valid even if you become incapacitated
    • Springing Power of Attorney - Will be activated based on certain guidelines

    When generating your free Illinois Power of Attorney with Rocket Lawyer, you can elect to have the agent's power start immediately, on a precise date, or only at the point when you're no longer capable. Your Power of Attorney can end on a specific date or when you pass away.

  • Should I work with an attorney for my Illinois PoA?

    Illinois Power of Attorney forms are usually straightforward; however, you or your agent could have legal questions. Depending on whom you approach, some lawyers may not even accept requests to review your document if they didn't work on it. An easier approach would be via the On Call network of attorneys. When you sign up for a Premium membership, you have the ability to request advice from an experienced lawyer or ask other questions related to your Power of Attorney. As always, Rocket Lawyer is here for you.

  • What might it normally cost for a lawyer to help me get a Power of Attorney form in Illinois?

    The cost of meeting and hiring a conventional lawyer to make a Power of Attorney might range anywhere between $200 and $500, based on your location. Different from most other Power of Attorney template websites that you may find elsewhere, Rocket Lawyer provides Premium membership holders up to a 40% discount when hiring a lawyer, so an On Call attorney can act on your behalf if you ever need help.

  • Are there any additional actions that I will need to take after I create an Illinois Power of Attorney?

    When you're finished making your customized document, you will have the ability to retrieve it from your account anytime and anywhere. With a Premium membership, you may edit it, download it as a Word or PDF document, print it out, or sign it. Alongside each Power of Attorney form there will be a series of directions on what to do next. Your agent(s), financial institutions, and other impacted parties should receive copies of the final document.

  • Does a Power of Attorney need to be notarized, witnessed, or recorded in Illinois?

    The laws governing PoA forms are different in each state; however, in Illinois, if the agent will manage real estate, then the PoA form will require notarization and the signature of one witness. One witness is also required if the agent's duties are related to a child. If your agent(s) will have the ability to engage in real estate transactions, the Power of Attorney will need to be acknowledged by a notary and recorded or filed with the county. As a general standard, your witness(es) must be over 18 years old, and no witness should simultaneously be your agent.

    See Illinois Power of Attorney law: 755 ILCS 45

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