Updated August 3, 2026. Quick answer: Notary AND one witness both required: the principal’s signature must be acknowledged before a notary public and attested by at least one witness (the notary may not also serve as the witness); applies to both the statutory short form and any nonstatutory property power executed on or after June 9, 2000. A second witness is optional.. This state publishes a free official form, linked below. A power of attorney here is durable by default — it survives incapacity unless it says otherwise.
| Execution | Notary AND one witness both required: the principal’s signature must be acknowledged before a notary public and attested by at least one witness (the notary may not also serve as the witness); applies to both the statutory short form and any nonstatutory property power executed on or after June 9, 2000. A second witness is optional. |
| Statutory form | Yes — 755 ILCS 45/3-3 |
| Durability | Durable by default |
| Who may not witness | Per 755 ILCS 45/3-3.6, none of the following may serve as witness or notary for a property power: the principal’s attending physician or mental-health service provider, or a relative of that person; an owner, operator, or relative of an owner/operator of a health care facility where the principal is a patient/resident; a parent, sibling, or descendant of the principal or of any agent/successor agent, or the spouse of such a person; an agent or successor agent for property. |
| Agent must accept in writing | No |
| Statute | 755 ILCS 45 (Illinois Power of Attorney Act) |
What decides whether the document is valid
Notary AND one witness both required: the principal’s signature must be acknowledged before a notary public and attested by at least one witness (the notary may not also serve as the witness); applies to both the statutory short form and any nonstatutory property power executed on or after June 9, 2000. A second witness is optional. Get this wrong and the document is not merely weak — it may be void, and you will find out at the moment somebody needs to use it.
Who may not witness: Per 755 ILCS 45/3-3.6, none of the following may serve as witness or notary for a property power: the principal’s attending physician or mental-health service provider, or a relative of that person; an owner, operator, or relative of an owner/operator of a health care facility where the principal is a patient/resident; a parent, sibling, or descendant of the principal or of any agent/successor agent, or the spouse of such a person; an agent or successor agent for property. This is the condition that most often fails in practice, because the people in the room are usually the people with an interest.
The free official form
Illinois publishes a form at no cost: the official Illinois power of attorney form. For a straightforward appointment this is usually all you need, and there is no reason to pay for a copy of it.
Durability — the point most people get wrong
Here a power of attorney is durable by default: it keeps working after the principal loses capacity unless the document says it should not. That is the opposite of the historical rule and it is why old advice about needing magic words can mislead.
Why a springing power often fails when it is needed, and why durable is usually the better default.
If a bank refuses it
Illinois addresses this by statute: A closed list of reasons is deemed ‘unreasonable’ grounds for a third party to refuse the statutory short form (e.g., wrong form, mere lapse of time, missing signature/witness/notarization when accompanied by a proper Agent’s Certification, agent being an entity) (755 ILCS 45/2-8(e)); a separate list gives ‘reasonable cause’ for refusal (e.g., suspected abuse, incapacity at execution, fraud) (755 ILCS 45/2-8(f)). Arbitrary or unreasonable refusal creates civil liability for resulting damages (755 ILCS 45/2-8(d)). No fixed business-day acceptance deadline was found.
What the form does not solve
- Social Security will not accept it. No power of attorney works there — a representative-payee application is the only route.
- It has to be signed while capacity is intact. The day that closes, the alternative is a court.
- Name a successor agent. A document whose only named agent has died or declined does nothing — how to choose when there is no obvious person.
All 51 jurisdictions compared.
If the free form does not fit your situation
Use the official form above first — it is free, it is written to satisfy this state’s own statute, and for a straightforward appointment it is usually all that is needed. Software is worth paying for when the situation outgrows a fixed form: co-agents, successor agents, limits on gifting, or a bank that has already given you trouble. LawDepot builds a state-specific power of attorney executed under this state’s witnessing and notary rules.
LawDepot pays us a commission if you buy through this link — it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
General information drawn from IRS, Medicare, HUD and state statute and regulation, not legal, tax or financial advice. Continuing-care law is state law and differs materially between states; every figure here is year-labelled and every source named. Powers of attorney, guardianship and trusts are governed by STATE law and differ materially between states. Execution requirements decide whether a document is VALID, so verify them against your own state’s current statute before signing anything. We are not a law firm and this is not legal advice.