ILLINOIS STATUTORY POWER OF ATTORNEY FOR PROPERTY
(Illinois Power of Attorney Act, 755 ILCS 45/1-1 et seq., as amended through P.A. 103-0562)
This Power of Attorney for Property is made on [[Date of Signing]] by [[Principal Full Legal Name]] ("Principal"), residing at [[Principal Address, City, State, ZIP]], pursuant to the Illinois Power of Attorney Act, 755 ILCS 45/2-1 et seq. (as amended by P.A. 96-1195, effective January 1, 2011, and subsequent public acts).
ARTICLE 1 - APPOINTMENT OF AGENT
1.1 Primary Agent. Principal hereby appoints [[Agent Full Legal Name]], residing at [[Agent Address, City, State, ZIP]], as Agent to act for the Principal in the manner and to the extent authorized in this Power of Attorney.
1.2 Successor Agent. If the primary Agent is unable or unwilling to serve, [[First Successor Agent Name]], residing at [[First Successor Agent Address]], shall serve as Agent. If the First Successor Agent is unable or unwilling to serve, [[Second Successor Agent Name]], residing at [[Second Successor Agent Address]], shall serve as Agent.
1.3 Co-Agents. (Select if applicable.) [[OPTIONAL: If Co-Agents are appointed, insert names and address any required-unanimity or majority-action rules here.]]
ARTICLE 2 - DURABILITY
2.1 Durable Power. This Power of Attorney shall not be affected by the disability, incapacity, or incompetence of the Principal after it is signed. 755 ILCS 45/2-5. This power is DURABLE and shall remain in full force and effect unless and until it is revoked by the Principal (while the Principal has capacity to revoke) or by court order.
2.2 Effectiveness - Select One:
- [X] Immediately effective. This Power of Attorney is effective immediately upon signing and notarization. (Default if no springing language selected.)
- [ ] Springing. This Power of Attorney becomes effective only upon the written certification by [[One / Two (select)]] licensed physician(s) that the Principal is unable to manage the Principal's financial affairs. A copy of such certification may be used in lieu of the original. (755 ILCS 45/2-5.)
ARTICLE 3 - GRANT OF POWERS (PROPERTY)
Subject to any restrictions in Article 4, Principal grants the Agent the following powers to act in the Principal's name, place, and stead with respect to the following enumerated matters as each is defined in the Illinois Power of Attorney Act, 755 ILCS 45/3-4:
(Agent is authorized to exercise powers marked below. Initial all that apply.)
3.1 Real Property Transactions. Agent may buy, sell, exchange, encumber, lease, and deal in real property, including signing deeds, mortgages, deeds of trust, and all related instruments. (755 ILCS 45/3-4(a)(1).) - Principal initials: ______
3.2 Personal Property Transactions. Agent may buy, sell, exchange, lease, and deal in personal property including motor vehicles, boats, and other tangible property. (755 ILCS 45/3-4(a)(2).) - Principal initials: ______
3.3 Stock and Bond Transactions. Agent may buy, sell, exchange, and exercise rights in stocks, bonds, mutual funds, and securities. (755 ILCS 45/3-4(a)(3).) - Principal initials: ______
3.4 Commodity and Option Transactions. Agent may deal in commodity contracts, options, futures, and similar instruments. (755 ILCS 45/3-4(a)(4).) - Principal initials: ______
3.5 Banking and Financial Institution Transactions. Agent may open, close, and manage checking, savings, money-market, certificates of deposit, and safe deposit accounts; make deposits and withdrawals; negotiate instruments. (755 ILCS 45/3-4(a)(5).) - Principal initials: ______
3.6 Business Operating Transactions. Agent may operate, manage, continue, sell, dissolve, or liquidate any business in which Principal has an interest. (755 ILCS 45/3-4(a)(6).) - Principal initials: ______
3.7 Insurance and Annuity Transactions. Agent may obtain, modify, terminate, and collect on policies of insurance and annuity contracts. (755 ILCS 45/3-4(a)(7).) - Principal initials: ______
3.8 Estate, Trust, and Other Beneficiary Transactions. Agent may act with respect to trusts, estates, and other arrangements under which Principal has any present or expectant interest, but subject to the hot-power restrictions in Article 5 below. (755 ILCS 45/3-4(a)(8).) - Principal initials: ______
3.9 Claims and Litigation. Agent may maintain, prosecute, defend, submit to arbitration, and settle any claims in which Principal is interested. (755 ILCS 45/3-4(a)(9).) - Principal initials: ______
3.10 Personal Relationships and Affairs. Agent may act on personal matters not covered elsewhere, including hiring personal service providers and making employment decisions. (755 ILCS 45/3-4(a)(10).) - Principal initials: ______
3.11 Benefits from Military Service. Agent may deal with all matters relating to veterans' and military benefits to which Principal may be entitled. (755 ILCS 45/3-4(a)(11).) - Principal initials: ______
3.12 Records, Reports, and Statements. Agent may prepare, sign, file, and submit any government filings including income-tax returns and reports. (755 ILCS 45/3-4(a)(12).) - Principal initials: ______
3.13 Full and Unqualified Authority. Agent may delegate Agent's authority to any person, take any action necessary to carry out these powers, and maintain any account or arrangement necessary to exercise them. (755 ILCS 45/3-4(a)(13).) - Principal initials: ______
ARTICLE 4 - LIMITATIONS AND RESTRICTIONS
4.1 Specific Limitations. [[Describe any specific limitations on the Agent's authority, e.g., "Agent may not sell the real property located at [Address]" or "NONE - no limitations apply."]]
4.2 No Authority to Amend Estate Plan. Unless expressly authorized in Article 5 below, Agent has no authority to alter, amend, revoke, or create any trust, beneficiary designation, survivorship right, power of appointment, or other estate-planning instrument that would affect the disposition of the Principal's property at death or incapacity.
ARTICLE 5 - HOT POWERS (EXPRESS GRANT REQUIRED)
The following powers are NOT granted unless the Principal expressly authorizes them by initialing below. These "hot powers" carry elevated risk of self-dealing or unintended consequences. (755 ILCS 45/2-7.)
5.1 Create, Modify, or Revoke a Trust. - Principal initials: ______
5.2 Fund an Inter Vivos Trust. - Principal initials: ______
5.3 Make or Revoke a Gift. (Subject to § 5.3 gift limits: Agent may make gifts only up to the annual federal gift-tax exclusion amount per donee per year - [[$ amount or "IRS annual exclusion limit"]] - unless a higher limit is stated here.) - Principal initials: ______
5.4 Change Beneficiary Designations on Life Insurance, Annuities, Retirement Accounts, or Other Contracts. - Principal initials: ______
5.5 Create or Change Rights of Survivorship. - Principal initials: ______
5.6 Disclaim Property. - Principal initials: ______
5.7 Exercise a Power of Appointment. - Principal initials: ______
5.8 Authorize Another Person to Exercise Agent's Powers (Delegation). - Principal initials: ______
> Important Notice to Principal: The powers listed in Article 5 are exceptionally powerful. If you grant them, your Agent will have authority that could significantly change how your assets are distributed. A licensed Illinois attorney should review these powers before signing.
ARTICLE 6 - AGENT'S DUTIES AND FIDUCIARY STANDARD
6.1 Fiduciary Duty. Agent shall act in the best interest of the Principal with the care, competence, and diligence ordinarily exercised by agents in similar circumstances. (755 ILCS 45/2-7.)
6.2 Specific Duties. Agent shall:
- Act within the scope of authority granted and according to Principal's known desires, values, and objectives;
- Keep records of all receipts, disbursements, and transactions and account to Principal and, after Principal's death or incapacity, to the estate or personal representative;
- Keep the Principal's assets separate from the Agent's assets;
- Not act in a manner that is contrary to the Principal's best interest;
- Notify the Principal promptly if Agent is unable to perform any duty;
- Disclose Agent's identity as attorney-in-fact whenever acting on behalf of Principal; and
- Cooperate with the person authorized to make health-care decisions for the Principal.
6.3 Self-Dealing Prohibited. Agent shall not use the Principal's property for Agent's own benefit except as expressly authorized in this document, and shall not commingle the Principal's property with Agent's own.
6.4 Compensation. Agent is entitled to [[reasonable compensation for time actually spent / no compensation / $_____ per hour]] for services rendered under this Power of Attorney, reimbursable from the Principal's assets with supporting documentation.
ARTICLE 7 - THIRD-PARTY RELIANCE
7.1 Reliance. A third party who acts in good faith reliance on the representations of Agent under this Power of Attorney shall not be liable to Principal or Principal's successors. (755 ILCS 45/2-8.)
7.2 Agent Certification. When requested by a third party, Agent shall certify under penalty of perjury that: (a) the principal is living; (b) the power of attorney has not been revoked; and (c) Agent is acting within the scope of authority granted.
7.3 Refusal. A third party may refuse to honor this Power of Attorney only if: (a) the third party has received a written notice of revocation; (b) a court order limits the Agent's authority; or (c) the refusal is otherwise permitted by law. Unreasonable refusal may subject the third party to court-ordered compliance and attorneys' fees. (755 ILCS 45/2-9.)
ARTICLE 8 - NOMINATION OF GUARDIAN / CONSERVATOR
If a court determines that the appointment of a guardian or conservator of the estate of the Principal is necessary, Principal nominates [[Agent Full Legal Name / First Successor Agent Name / Other: ___]] as guardian and conservator of the Principal's estate. This nomination shall be given the greatest weight allowed by Illinois law. (755 ILCS 45/2-10.)
ARTICLE 9 - REVOCATION
9.1 Right to Revoke. Principal may revoke this Power of Attorney at any time while the Principal has capacity by: (a) destroying the document; (b) notifying Agent in writing; (c) executing a subsequent Power of Attorney that expressly revokes this one; or (d) any other act evidencing intent to revoke.
9.2 Prior Powers Revoked. This Power of Attorney revokes any prior Power of Attorney for property previously signed by Principal, except any Power of Attorney that this document expressly preserves.
9.3 Termination on Death. This Power of Attorney terminates upon the death of the Principal. All acts taken by Agent before receipt of actual notice of Principal's death remain valid.
9.4 Termination on Divorce. Unless otherwise stated, if Principal and Agent are married and later divorce or legally separate, Agent's authority under this Power of Attorney terminates as of the date of dissolution of the marriage. (755 ILCS 45/2-4.)
ARTICLE 10 - ACCEPTANCE BY AGENT
I, [[Agent Full Legal Name]], have read this Power of Attorney, understand it, and by signing below accept appointment as Agent. I agree to act in the best interest of the Principal and in accordance with the Illinois Power of Attorney Act, 755 ILCS 45/1-1 et seq. I understand that I have a fiduciary duty to the Principal and may be held personally liable for breach of that duty.
Agent Signature: ________________________ Date: ___________
Acceptance by First Successor Agent (if applicable):
I, [[First Successor Agent Name]], accept appointment as First Successor Agent under the terms of this Power of Attorney.
First Successor Agent Signature: ________________________ Date: ___________
ARTICLE 11 - EXECUTION AND NOTARIZATION
Principal's Signature
I, [[Principal Full Legal Name]], sign this Power of Attorney on [[Date of Signing]], at [[City, State]], of my own free will and volition. I declare that I am of sound mind, am 18 years of age or older, am not under duress or undue influence, and fully understand this document and its consequences.
Principal Signature: ________________________ Date: ___________
Printed Name: _________________________
> Under Illinois law (755 ILCS 45/2-3), a Power of Attorney for Property is valid only if it is (1) signed by the Principal or by another adult at the Principal's direction and in the Principal's presence, and (2) witnessed by at least one credible witness who is 18 years of age or older (witness cannot be the Agent or any person who is related to Principal or Agent by blood, marriage, or adoption, or who stands to inherit from Principal).
Witness Attestation
The undersigned witness declares that the Principal signed or acknowledged this Power of Attorney in the witness's presence; that to the best of the witness's knowledge the Principal is of sound mind and is not under undue influence; and that the witness is not the Agent and is not related to the Principal or Agent by blood, marriage, or adoption:
Witness Signature: ________________________ Date: ___________
Printed Name: _________________________
Address: _________________________
Notary Acknowledgment
(Notarization is required for the Power of Attorney to be recorded against real property and is strongly recommended for all other purposes. 755 ILCS 45/2-3.)
State of Illinois
County of [[County]]
On this [[Day]] day of [[Month, Year]], before me personally appeared [[Principal Full Legal Name]], known to me (or satisfactorily proved) to be the person whose name is subscribed to this instrument, and acknowledged that he/she/they executed the same for the purposes and uses therein stated.
Notary Public Signature: _________________________
My Commission Expires: _________________________
(Notary Seal)
ARTICLE 12 - GOVERNING LAW
This Power of Attorney is governed by the laws of the State of Illinois, specifically the Illinois Power of Attorney Act, 755 ILCS 45/1-1 et seq. Venue for any dispute shall be in the circuit court of [[County, Illinois]].
APPENDIX A - ILLINOIS NOTICE TO THE PRINCIPAL
> NOTICE TO THE PRINCIPAL (REQUIRED BY ILLINOIS LAW - 755 ILCS 45/3-3):
>
> A power of attorney is an important legal document. By signing the power of attorney, you are authorizing another person to act for you, the principal. Before you sign this power of attorney, you should know these important facts:
>
> Your agent (attorney-in-fact) has no duty to act unless you and your agent agree otherwise in writing.
>
> This document gives your agent the powers to manage, dispose of, sell, and convey your real and personal property, and to use your property as security if your agent borrows money on your behalf. This document does not give your agent the power to accept or receive any of your property, in trust or otherwise, as a gift, unless you specifically authorize the agent to accept or receive a gift.
>
> Your agent will have the right to receive reasonable payment for services provided under this power of attorney unless you provide otherwise.
>
> The powers you give your agent will continue to exist for your entire lifetime, unless you state that the power of attorney will last for a shorter period of time or unless you otherwise terminate the power of attorney. The powers you give your agent in this document will continue to exist even if you can no longer make your own decisions respecting the management of your property.
>
> You have the right to revoke or terminate this power of attorney at any time.
>
> This power of attorney must be dated and must be signed by you as the principal, witnessed by one credible witness, and may be notarized to be valid.
>
> You should select as your agent someone you trust and respect. There are no restrictions on who may be named as your agent; however, if you select your health care provider (e.g. your physician) or one of their employees as your agent, and that person is not your spouse or a member of your family, that person will have to choose between acting as your agent or as your health care provider; the law does not permit a person to do both at the same time.
>
> If you are interested in the powers you are giving to your agent, you should seek legal counsel.
APPENDIX B - ILLINOIS NOTICE TO THE AGENT
> NOTICE TO THE AGENT (755 ILCS 45/2-7):
>
> When you accept the authority granted under this power of attorney, a duty to act in the best interest of the Principal is imposed on you. The actions you take on behalf of the principal may affect the principal's property for the principal's entire lifetime and may affect the inheritance of the principal's heirs. Before accepting the power of attorney, you should know that as an Agent you are required by law to: (1) act in accordance with the principal's reasonable expectations to the extent actually known by you and otherwise in the principal's best interest; (2) act in good faith; (3) act only within the scope of authority granted in the power of attorney; (4) avoid conflicts that would impair your ability to act in the principal's best interest; and (5) keep a record of all receipts, disbursements, and transactions made on behalf of the principal.
SOURCES AND DISCLAIMER
Governing Statute: Illinois Power of Attorney Act, 755 ILCS 45/1-1 et seq. (as amended through P.A. 103-0562); Illinois Statutory Short Form for Property, 755 ILCS 45/3-3; Execution requirements, 755 ILCS 45/2-3; Durability, 755 ILCS 45/2-5; Hot Powers, 755 ILCS 45/2-7; Third-Party Reliance, 755 ILCS 45/2-8 through 45/2-9; Guardian Nomination, 755 ILCS 45/2-10. As of: June 2026.
> TEMPLATE DISCLAIMER - NOT PROFESSIONAL ADVICE: This document is a template for informational purposes only and does not constitute legal advice. Illinois law governing Powers of Attorney is complex and subject to change. Requirements for execution, notarization, witnessing, hot-power authorization, and third-party acceptance depend on individual circumstances. Consult a licensed Illinois attorney before signing or relying on any power of attorney.
