An Illinois durable power of attorney is used to legally appoint a financial agent to handle a principal’s affairs during their lifetime and in the event of their incapacitation. Unlike some other power of attorney forms, a durable POA does not terminate when something happens to the principal and they are unable to make decisions for themselves. It is for this reason that the principal should choose someone trustworthy, such as a spouse, relative, or close friend. The principal can choose to hand over all powers related to their financial affairs or they may indicate that the agent only has control over a select few tasks.

Agent’s Duties – 755 ILCS 45/2-7

Laws – Rights and Remedies, Chapter 755, Act 45 (Illinois Power of Attorney Act)

Signing Requirements (755 ILCS 45/3-3(b)) – Notary Public and One (1) Witness

Statutory Form – 755 ILCS 45/3