Power of attorney questions in Illinois

General information about Illinois law as of October 23, 2026. It is not legal advice for your situation, and reading it does not create an attorney-client relationship.

What is the difference between a power of attorney for property and for health care?

A property power lets your agent handle your financial affairs, which the statutory form's own notice says may include selling or pledging your property without your consent or advance notice (755 ILCS 45/3-3). A health care power lets your agent consent to, refuse or withdraw medical treatment for you (755 ILCS 45/4-3). The two can be combined in one document (755 ILCS 45/4-10).

When does a power of attorney take effect?

The Illinois statutory property form takes effect when you sign it and lasts until your death, unless you write in a later start date or an earlier end date (755 ILCS 45/3-3). The Illinois health care form lets you choose. Unless you choose otherwise, your agent decides only when your doctors determine you cannot; you can instead let your agent start now, while you can still decide for yourself if you want to (755 ILCS 45/4-10).

When does a power of attorney end?

At your death, unless the document sets an earlier date, with one exception: a health care agent's authority can continue after death to decide about organ donation, an autopsy and your remains, and to see your medical records (755 ILCS 45/4-3). It does not end because you become disabled or incapacitated; that is the point of it (755 ILCS 45/2-5). If your agent is your spouse and a court later enters a divorce or legal separation, the law treats your spouse as having died for the purposes of the power (755 ILCS 45/2-6).

Does a power of attorney have to be notarized in Illinois?

A power of attorney for property does: it needs a witness and a notary (755 ILCS 45/3-3.6). The health care section asks for the signature of one adult witness (755 ILCS 45/4-5.1).

Can my doctor be my health care agent?

Not your attending physician, and not any other health care provider who is giving you care. A doctor or nurse who is not treating you may serve (755 ILCS 45/4-5).

Can I cancel a power of attorney?

Yes. You can amend or revoke a property power at any time while you have the capacity to, in any way you make known to your agent or to someone else involved (755 ILCS 45/2-5). A health care power can be revoked at any time whatever your condition: by destroying it, by a signed and dated revocation, or by saying so in front of an adult witness who signs a note of it (755 ILCS 45/4-6). Signing a new one does not cancel an old one unless the new one says it does (755 ILCS 45/2-5).

What does my agent have to do?

An agent who acts must act in good faith for your benefit, with due care, and keep a record of money received and paid out and of significant actions taken. The law does not make the agent act at all, so name someone who has agreed to (755 ILCS 45/2-7).

What happens if I cannot decide for myself and have no power of attorney?

For medical decisions, your doctors turn to a family member, a friend or a guardian, in an order Illinois law sets, and that person may not be who you would choose (755 ILCS 45/4-10). For money and property, someone may have to ask the court to appoint a guardian. The court can do that only if someone proves a disability by clear and convincing evidence, and only as far as the person's limits require (755 ILCS 5/11a-3). In Winnebago County those are guardianship cases with the Circuit Clerk at the courthouse, 400 W. State St in Rockford.

When to call Rick

Call Rick before a surgery or a long trip, when a parent starts needing help with bills, or when you sign or update a will. See Power of attorney or call (815) 986-1569.