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Illinois Springing Power of Attorney Form

An Illinois springing power of attorney is a legal document that appoints an individual (an agent) to make financial, healthcare, and property decisions for someone else (principal) at in the event that the principal's becomes incapacitated or disabled.
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Updated November 19, 2024

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Permitted in Illinois?

Yes, the principal is permitted to specify the time or event when the power of attorney will start and end.[1]

Signing Requirements

The principal must sign the power of attorney in the presence of a notary public and one witness.[2]

The witness may not be:[3]

  • a relative (or spouse of a relative) of the principal, an agent, or successor agent
  • a healthcare provider (or relative of a healthcare provider) of the principal
  • owner, operator (or relative of an owner or operator) of a healthcare facility providing care to the principal
  • an agent or successor agent for property

“Incapacity” Definition

“Incapacitated person” means any person who has been deemed incapacitated by a physician or any person who is incapable of making decisions on their own behalf due to mental disability, physical illness or disability, chronic use of drugs, chronic intoxication, or fetal alcohol syndrome.[4][5]