Illinois Durable (Statutory) Power of Attorney Form

An Illinois durable power of attorney is a statutory form that allows a person to appoint someone else to act on their behalf in financial-related decisions. The term "durable" refers to the form remaining valid even if the person who handed over power becomes incapacitated or mentally not able to speak for themselves.

Updated March 14, 2025

Signing Requirements

The principal must sign with one witness and a notary public. The agent must sign on the last page located on the Agent’s Certification.^[1]

Laws

Chapter 755, Act 45 (Power of Attorney Act)

Definition of “Durable”

The Illinois Compiled Statutes do not define “durable,” but refer to enduring through “incapacity” in the Act’s section on Durable Powers of Attorney.

Definition of “Power of Attorney”

The Illinois Compiled Statutes do not define “power of attorney,” but refer to an “agency” relationship in the Act’s section on Durable Powers of Attorney.

Statutory Form

The Illinois Compiled Statutes contain a statutory form for a Durable Power Attorney available in 755 ILCS 45/3-3.

Sources

755 ILCS 45/3-3.6