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The Illinois Durable Power of Attorney form is a vital legal document that allows individuals to designate someone they trust to make decisions on their behalf when they are unable to do so. This form covers a range of important areas, including financial and healthcare decisions, ensuring that your wishes are respected even if you become incapacitated. By completing this form, you empower your chosen agent to manage your affairs, whether it involves handling your finances, paying bills, or making critical medical choices. The durable nature of this power of attorney means it remains effective even if you lose the ability to make decisions yourself. It is essential to select an agent who understands your values and preferences, as they will play a crucial role in representing your interests. Additionally, the form requires careful consideration of the powers granted, which can be broad or limited, depending on your specific needs. Understanding these key aspects is fundamental to ensuring that your rights and preferences are upheld during challenging times.

Example - Illinois Durable Power of Attorney Form

Illinois Durable Power of Attorney Template

This Durable Power of Attorney is established pursuant to the Illinois Power of Attorney Act (755 ILCS 45/), allowing a designated person, known as the Agent, to make decisions on behalf of the Principal.

Principal Information

Full Name: ____________________________________________________

Address: _______________________________________________________

City: ____________________ State: Illinois Zip: ___________

Agent Information

Full Name: ____________________________________________________

Address: _______________________________________________________

City: ____________________ State: Illinois Zip: ___________

Alternate Agent Information (Optional)

If the original Agent is unable or unwilling to perform, an Alternate Agent may act instead.

Full Name: ____________________________________________________

Address: _______________________________________________________

City: ____________________ State: Illinois Zip: ___________

Powers Granted

The Principal grants the Agent the following powers, which shall remain effective even upon the incapacity of the Principal:

  • Real Estate Transactions
  • Banking and Financial Transactions
  • Health Care Decisions (Subject to the Illinois Health Care Surrogate Act, if applicable)
  • Personal and Family Maintenance
  • Government Benefits
  • Retirement Plan Transactions

Special Instructions

Any special instructions or limitations regarding the granted powers should be detailed below:

______________________________________________________________________________

______________________________________________________________________________

Effective Date and Durability

This Power of Attorney shall become effective on Date: ____________________ and shall remain in effect indefinitely unless a specific expiration date is set forth below.

Expiration Date (Optional): __________________________________________

Signature

In agreement to the above-stated terms, the Principal and Agent, along with a witness or Notary Public, shall sign below:

Principal's Signature: ___________________________________ Date: ________________

Agent's Signature: _____________________________________ Date: ________________

Witness or Notary Public Signature: ________________________ Date: ________________

▼ PDF

PDF Form Properties

Fact Name Description
Definition An Illinois Durable Power of Attorney allows a person to designate another individual to make decisions on their behalf if they become unable to do so.
Governing Law The Illinois Durable Power of Attorney is governed by the Illinois Power of Attorney Act, specifically 755 ILCS 45/2-1 et seq.
Durability This document remains effective even if the principal becomes incapacitated, which is a key feature of "durable" powers of attorney.
Agent Authority The agent can be given broad or limited powers, depending on the principal's wishes outlined in the document.
Signing Requirements The form must be signed by the principal and witnessed by at least one person or notarized to be valid.
Revocation The principal can revoke the Durable Power of Attorney at any time, as long as they are mentally competent.
Health Care Decisions Separate forms exist for health care decisions, but a Durable Power of Attorney can include medical decision-making authority if specified.
Fiduciary Duty The agent has a legal obligation to act in the best interest of the principal, maintaining loyalty and care.
Legal Capacity The principal must have legal capacity at the time of signing the document, which generally means understanding the nature and consequences of the act.
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