Planning for Life
Power of Attorney Lawyer in Chicago: Illinois Powers of Attorney
A power of attorney lets someone you trust act for you if you can’t. Illinois has two main kinds, one for your money and property and one for your health care, and each has its own Illinois power of attorney requirements for how it must be signed. This page explains both and how The Higher Law Firm prepares them.
Choose a 15-minute or 60-minute session to begin.
Illinois Power of Attorney Requirements at a Glance
Anyone who is an adult and of sound mind can make a power of attorney in Illinois. What you sign, and who must be in the room, depends on which kind you are making.
What it covers
Money, accounts, bills, taxes, and real estate
Who signs
You, one witness, and a notary public
Who can’t witness
Your agent, your care providers, and certain relatives
Who acts
The agent you name
The notary cannot also be the witness, and the rules for who may witness are detailed, so we confirm them with you at every signing. These requirements are set by Illinois law and can change.
Also called a financial power of attorney
Illinois Power of Attorney for Property
A financial power of attorney in Illinois names an agent to handle your money and property if you can’t. Depending on the powers you give, your agent can pay bills, manage bank accounts, handle your taxes, and deal with real estate and other property.
You choose when it starts. It can take effect as soon as you sign, or only if a doctor determines that you can no longer act for yourself. Either way, your agent’s authority ends when you die, and your will takes over. Our will lawyer in Chicago page explains how.
Illinois Power of Attorney for Health Care
A medical power of attorney in Illinois names an agent to make health care decisions for you if you can’t. Your agent can talk with your doctors, see your medical records, choose providers, and decide about treatment, guided by the wishes you share.
Choose someone who knows what matters to you and will speak up for it. Talk with them before you sign, and name a backup in case your first choice can’t serve.
Who Should Be Your Agent?
Your agent should be someone you trust, who is reliable and willing, and who can stay calm under pressure. You can name different people for property and for health care, and you can name successors for each. Without a power of attorney, your family may have to ask a court for permission just to help you.
How Powers of Attorney Fit With Your Estate Plan
Powers of attorney cover the years when you are living but unable to act. A will covers what happens after you die, and a trust can do both for the assets in it. If you have a revocable living trust, a power of attorney still matters for everything outside the trust. Our trust attorney in Chicago page explains how a trust works.
We use The Higher Law Process™ for every plan:
01
Consult
Begin with a 15-minute introductory call or a 60-minute Higher Law Strategy Session™.
02
Discover
We learn who you trust and what you want them to be able to do.
03
Design
Your attorney designs your documents: which powers, when they start, and who serves first and second.
04
Draft
We prepare your documents and explain each one in plain language.
05
Sign
A guided signing, with the witness and notary Illinois requires, makes sure each document is executed correctly.
06
Fund
Where your plan includes a trust, we help fund it, and we make sure your agents have what they need to act.
07
Align
We revisit your plan as life changes, because a plan is never finished at signing.
Powers of Attorney in Your Plan
We prepare powers of attorney as part of your estate plan. Will-based planning starts at $2,000 with our Life Plan, and trust-based planning starts at $4,500 with our Legacy Plan. Your attorney confirms what your plan includes and your price before any work begins. Both plans are part of our work as an estate planning attorney in Chicago.
Questions About Powers of Attorney in Illinois
How do I get a power of attorney in Illinois?
You get a power of attorney by choosing your agent and then signing the right document in front of the witness and notary Illinois requires. An attorney can prepare both documents for you, make sure they meet the Illinois power of attorney requirements, and guide the signing, and you then give copies to your agents and your doctors.
What’s the difference between a power of attorney for property and one for health care in Illinois?
A power of attorney for property covers your money and property, while a power of attorney for health care covers your medical decisions. They are separate documents, you can name different agents for each, and they have different signing rules: property needs a witness and a notary, and health care needs one witness.
Does a power of attorney need to be notarized in Illinois?
A power of attorney for property must be witnessed and notarized, but a power of attorney for health care needs one witness and no notary. The notary can’t also act as the witness on a property document.
What is a durable power of attorney?
A durable power of attorney stays in effect if you become unable to make decisions for yourself. A durable power of attorney in Illinois is the kind most families need, because the point is for your agent to step in when you can’t act, and we draft ours that way.
Is an advance directive the same as a power of attorney?
No. An advance directive is a broader term for documents that state your health care wishes, and a power of attorney for health care is one of them. A living will, which records your wishes about end-of-life treatment, is another. The two work well together.
Can I fill out the Illinois statutory short form myself?
Yes, Illinois allows it, but we don’t recommend leaving it to chance. A power of attorney is only as good as the choices in it: which powers your agent gets, when it starts, who your backup is, and whether it is signed with the witness and notary Illinois requires. A mistake may only surface when your family needs the document most, and we talk through each choice with you.
Begin With Clarity
One conversation is enough to make sure your documents meet the Illinois power of attorney requirements and name the right people.
Attorney advertising. The information on this website is general information, not legal advice. Contacting the firm does not create an attorney-client relationship.
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