Updated January 12, 2023
An Illinois limited power of attorney is a template that will act both as proof that conferment of an individual’s authority onto an agent has occurred and as a report on the precise actions the principal approves for that agent. Only certain powers can be delegated to a reliable friend or relative for a specific act or event. The principal should be very clear about the role they want their agent to play. This type of form is used when there is a specific transaction or a short period of time when the principal needs the agent to act.
Laws
Statutes – Illinois Power of Attorney Act (§§ 45/1-1 — 45/4-12)
Authority (755 ILCS 45/3-4) – An agent under a power of attorney may act on behalf of the principal and exercise limited (special) authority as expressly granted by the agreement. Note that authority under a power of attorney is limited to the specific authorization in the power, and no agent shall act outside of the principal’s designations.
Signing Requirements (755 ILCS 45/3-3): One (1) witness and a notary public.
How to Write
1 – Find and Obtain The Limited Power Form On This Page
Three versions of this form are available below the image. You may open them with an appropriate program or form-friendly browser. Select and open the version you prefer by clicking on the button below the image. Generally, it is a good idea to save the form onto your machine.
2 – Definitively Identify The Principal And The Agent
On the first blank space in this form, enter the Full Name of the individual granting power. This should be followed by this Grantor’s Address as it appears on the records and his or her I.D. cards.
The third blank space requires the Name of the individual being appointed with the Grantor’s Principal Powers. Enter the Name of this Agent on the blank line preceding the words “my true and lawful agent.” Then, insert the Agent’s current address.
3 – The Limited Powers Being Granted Should Be Defined
The numbered list of blank spaces must contain the Principal or Grantor’s Instructions and Appointed Powers to the Agent. This should be a well written and complete account of what the Principal expects and will allow. You may continue this report on an attachment if there is not enough room.
4 – Revocation
The Principal must also designate upon which point the power of attorney shall become terminated. Three boxes are available, one of which must be selected and initialed depending on the nature of the powers. Alternatively, the Principal may check multiple boxes — if and when applicable.
5 – Finishing The Execution Of This Document
The Principal must enter the Date of Signature in the final statement of this form, and then the Principal shall sign the form. In Illinois, powers of attorney must be executed in the presence of one (1) witness and a notary public. The two sections below the Principal’s signature field are dedicated to the witness and notary, respectively. There is also a field reserved for the Attorney-in-Fact (Agent) to sign, date, and print their name.
