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Frequently Asked Questions About Illinois Financial Powers of Attorney

Illinois requires 1 witness for financial power of attorney execution. Witnesses must be at least 18 years old and present when the principal signs.

Yes, Illinois requires notarization for a durable financial power of attorney to be valid.

Illinois has not adopted the Uniform Power of Attorney Act. Power of attorney requirements are governed by Illinois state statutes.

Yes, Illinois allows "springing" powers of attorney that become effective only upon the principal's incapacity, rather than immediately upon signing.

In Illinois, a financial power of attorney typically takes effect immediately upon proper execution unless you specify otherwise. You may choose to have it become effective only upon your incapacity (a "springing" POA).

Yes, you can revoke your financial power of attorney at any time in Illinois by: (1) executing a new power of attorney, (2) destroying the document, or (3) signing a written revocation. You should notify your agent and any third parties who have relied on the document.

Yes, Illinois has a statutory financial power of attorney form (755 ILCS 45/3-3). While using the statutory form is not always required, it ensures compliance with state law.

Illinois Estate Planning Forms & Tools

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