Power of Attorney for Property

State of Illinois
Illinois Department on Aging
Power of Attorney for Property
Please NOTE:
“Power of Attorney for Property” refers to the legal delegation of decision-making
authority to an agent concerning financial affairs and the management of
property.
“Power of Attorney for Property document” refers to the actual form.
What is a Power of Attorney for Property?
The Power of Attorney for Property document allows a person, called the principal,
to delegate to another person, called the agent (often a family member or trusted
friend), the power to make decisions regarding assets, finances, bank accounts, and
other types of property, including real estate. The agent, who does not need to be an
attorney, will speak for the principal and make decisions according to the principal’s
wishes even when the principal is physically or mentally incapacitated.
What are the advantages of having a Power of Attorney for
Property?
A Power of Attorney for Property is a way for you to decide in advance who will
handle your financial affairs if you are not able to act on your own in the future.
Executing this document will save your family from the burden of having to make
financial decisions without knowing your wishes. It gives you (rather than the courts)
more control over your life.
A Power of Attorney for Property is a flexible document. It helps assure that your
agent’s authority will be honored by others at the time any delegated power is
exercised. You can give either limited or broad financial decision-making authority to
your agent, depending upon your needs. For example, you may want your agent to
have the power to authorize real estate and stock transactions; to handle banking,
tax or other types of business matters; to represent you in court; or to address other
types of legal claims.
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Who may execute a Power of Attorney for Property?
Any person with the legal capacity to make his or her own decisions who is age 18
or older and a resident of Illinois may execute a Power of Attorney for Property. The
Power of Attorney for Property document must be signed by you and your signature
must be both witnessed and notarized.
Who may be designated as an agent under a Power of Attorney
for Property?
Any person age 18 or older may be designated as your agent. He or she should be
someone you know well and can fully trust with handling your financial affairs. It is a
good idea to pick someone who lives in a nearby area.
What is the responsibility of an agent under a Power of Attorney
for Property?
An agent must use due care and act in accordance with the terms that you have
specified in your Power of Attorney for Property document. He or she may be liable
for any negligent exercise of the duties that you have specified.
Must an attorney prepare the document for you?
Although Illinois law does not require that an attorney prepare a Power of Attorney
for Property document, you may want to consult with an attorney for additional
guidance in protecting your interests using advance directives.
When should you designate an agent under a Power of Attorney
for Property?
The best time for you to designate an agent under a Power of Attorney for Property
is right now, long before you anticipate anything happening to you. This will ensure
that your financial affairs will be handled if you are not able to act on your own in the
future.
How long will your Power of Attorney for Property last?
As the principal, you can specify the time at which the Power of Attorney for Property
will begin and terminate. However, unless you state an earlier termination date, the
Power of Attorney for Property document will continue until your death. In addition,
you can sign and date a written amendment to make changes to this document at
any time, provided you still have the legal capacity to make such a decision. You
must remember to have your signature both witnessed and notarized on any
amendment.
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Will your Power of Attorney for Property be recognized
in another state?
The answer depends on the laws of each state. Most states will recognize your
Power of Attorney for Property document, especially since your signature must be
both witnessed and notarized under Illinois law.
A Power of Attorney for Property document that has been executed in compliance
with the laws of another state will be recognized in Illinois.
Other things to consider —
Before executing your Power of Attorney for Property document, you should talk to
the person whom you want to be your agent and review how you would like your
financial affairs to be handled in the event that your agent must exercise his or her
authority under the Power of Attorney for Property.
It is advisable for you to designate one or more successor agents to act on your
behalf in case the primary agent is unavailable, unable or unwilling to act on your
behalf if it becomes necessary.The primary consideration should be that the
individuals appointed are people in whom you have a great deal of trust and can rely
upon to act according to your interests and values. Your Power of Attorney for
Property document should also state the powers, duties, limitations, immunities and
other terms applicable to your agent.
After your Power of Attorney for Property document is signed, witnessed and
notarized, you should give the original form to your agent and provide copies to your
successor agents and attorney. You should advise your family of your selection of an
agent to act on your behalf if it becomes necessary.
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Statutory Short Form Power of Attorney for Property Law
(755 ILCS 45 / 3-4)
Section 3-4. Explanation of powers
principal in accordance with the terms of
granted in the statutory short form
the statutory property power and will be
power of attorney for property.
liable for negligent exercise. The agent
This Section defines each category of
may act in person or through others
powers listed in the statutory short form
reasonably employed by the agent for
power of attorney for property and the
that purpose and will have authority to
effect of granting powers to an agent.
sign and deliver all instruments,
When the title of any of the following
negotiate and enter into all agreements
categories is retained (not struck out) in a
and do all other acts reasonably
statutory property power form, the effect
necessary to implement the exercise of
will be to grant the agent all of the
the powers granted to the agent.
principal’s rights, powers and discretions
with respect to the types of property and
(a)
Real estate transactions.
transactions covered by the retained
The agent is authorized to: buy, sell,
category, subject to any limitations on the
exchange, rent and lease real estate
granted powers that appear on the face
(which term includes, without limitation,
of the form. The agent will have authority
real estate subject to a land trust and all
to exercise each granted power for and in
beneficial interests in and powers of
the name of the principal with respect to
direction under any land trust); collect all
all of the principal’s interests in every
rent, sale proceeds and earnings from
type of property or transaction covered by
real estate; convey, assign and accept
the granted power at the time of exercise,
title to real estate; grant easements,
whether the principal’s interests are
create conditions and release rights of
direct or indirect, whole or fractional,
homestead with respect to real estate;
legal, equitable or contractual, as a joint
create land trusts and exercise all
tenant or tenant in common or held in
powers under land trusts; hold, possess,
any other form; but the agent will not
maintain, repair, improve, subdivide,
have power under any of the statutory
manage, operate and insure real estate;
categories (a) through (o) to make gifts of
pay, contest, protest and compromise
the principal’s property, to exercise
real estate taxes and assessments; and,
powers to appoint to others or to change
in general, exercise all powers with
any beneficiary whom the principal has
respect to real estate which the principal
designated to take the principal’s
could if present and under no disability.
interests at death under any will, trust,
joint tenancy, beneficiary form or
(b)
Financial institution
contractual arrangement. The agent will
transactions. The agent is authorized
be under no duty to exercise granted
to: open, close, continue and control all
powers or to assume control of or
accounts and deposits in any type of
responsibility for the principal’s property
financial institution (which term includes,
or affairs; but when granted powers are
without limitation, banks, trust
exercised, the agent will be required to
use due care to act for the benefit of the
(Continued on page 5.)
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companies, savings and building and
limitations on the right to vote; and, in
loan associations, credit unions and
general, exercise all powers with
brokerage firms); deposit in and withdraw
respect to securities which the principal
from and write checks on any financial
could if present and under no disability.
institution account or deposit; and, in
general, exercise all powers with respect
(d)
Tangible personal property
to financial institution transactions which
transactions. The agent is authorized
the principal could if present and under
to: buy and sell, lease, exchange,
no disability. This authorization shall also
collect, possess and take title to all
apply to any Totten Trust, Payable on
tangible personal property; move, store,
Death Account, or comparable trust
ship, restore, maintain, repair, improve,
account arrangement where the terms of
manage, preserve, insure and safekeep
such trust are contained entirely on the
tangible personal property; and, in
financial institution’s signature card,
general, exercise all powers with
insofar as an agent shall be permitted to
respect to tangible personal property
withdraw income or principal from such
which the principal could if present and
account, unless this authorization is
under no disability.
expressly limited or withheld under
paragraph 2 of the form prescribed under
(e)
Safe deposit box
Section 3-3 [see page ii for the Illinois
transactions. The agent is authorized
Statutory Short Form Power of Attorney
to: open, continue and have access to
for Property]. This authorization shall not
all safe deposit boxes; sign, renew,
apply to accounts titled in the name of
release or terminate any safe deposit
any trust subject to the provisions of the
contract; drill or surrender any safe
Trusts and Trustees Act, for which
deposit box; and, in general, exercise all
specific reference to the trust and a
powers with respect to safe deposit
specific grant of authority to the agent to
matters which the principal could if
withdraw income or principal from such
present and under no disability.
trust is required pursuant to Section 2-9
of the Illinois Power of Attorney Act and
(f)
Insurance and annuity
subsection (n) of this Section.
transactions. The agent is authorized
to: procure, acquire, continue, renew,
(c)
Stock and bond transactions.
terminate or otherwise deal with any
The agent is authorized to: buy and sell
type of insurance or annuity contract
all types of securities (which term
(which terms include, without limitation,
includes, without limitation, stocks,
life, accident, health, disability,
bonds, mutual funds and all other types
automobile casualty, property or liability
of investment securities and financial
insurance); pay premiums or
instruments); collect, hold and safekeep
assessments on or surrender and
all dividends, interest, earnings, proceeds
collect all distributions, proceeds or
of sale, distribution, shares, certificates
benefits payable under any insurance or
and other evidences of ownership paid or
annuity contract; and, in general,
distributed with respect to securities;
exercise all powers with respect to
exercise all voting rights with respect to
insurance and annuity contracts which
securities in person or by proxy, enter
the principal could if present and under
into voting trusts and consent to
no disability.
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(g)
Retirement plan
(i)
Tax matters. The agent is
transactions. The agent is authorized
authorized to: sign, verify and file all the
to: contribute to, withdraw from and
principal’s federal, state and local
deposit funds in any type of retirement
income, gift, estate, property and other
plan (which term includes, without
tax returns, including joint returns and
limitation, any tax qualified or
declarations of estimated tax; pay all
nonqualified pension, profit sharing,
taxes; claim, sue for and receive all tax
stock bonus, employee savings and
refunds; examine and copy all the
other retirement plan, individual
principal’s tax returns and records;
retirement account, deferred
represent the principal before any
compensation plan and any other type of
federal, state or local revenue agency or
employee benefit plan); select and
taxing body and sign and deliver all tax
change payment options for the principal
powers of attorney on behalf of the
under any retirement plan; make rollover
principal that may be necessary for such
contributions from any retirement plan to
purposes; waive rights and sign all
other retirement plans or individual
documents on behalf of the principal as
retirement accounts; exercise all
required to settle, pay and determine all
investment powers available under any
tax liabilities; and, in general, exercise
type of self-directed retirement plan; and,
all powers with respect to tax matters
in general, exercise all powers with
which the principal could if present and
respect to retirement plans and
under no disability.
retirement plan account balances which
the principal could if present and under
(j)
Claims and litigation. The
no disability.
agent is authorized to: institute,
prosecute, defend, abandon,
(h)
Social Security,
compromise, arbitrate, settle and
unemployment and military service
dispose of any claim in favor of or
benefits. The agent is authorized to:
against the principal or any property
prepare, sign and file any claim or
interests of the principal; collect and
application for Social Security,
receipt for any claim or settlement
unemployment or military service
proceeds and waive or release all rights
benefits; sue for, settle or abandon any
of the principal; employ attorneys and
claims to any benefit or assistance under
others and enter into contingency
any federal, state, local or foreign statute
agreements and other contracts as
or regulation; control, deposit to any
necessary in connection with litigation;
account, collect, receipt for, and take title
and, in general, exercise all powers with
to and hold all benefits under any Social
respect to claims and litigation which the
Security, unemployment, military service
principal could if present and under no
or other state, federal, local or foreign
disability.
statute or regulation; and, in general,
exercise all powers with respect to
(k)
Commodity and option
Social Security, unemployment, military
transactions. The agent is authorized
service and governmental benefits which
to: buy, sell, exchange, assign, convey,
the principal could if present and under
settle and exercise commodities futures
no disability.
contracts and call and put options on
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stocks and stock indices traded on a
(n)
Estate transactions. The
regulated options exchange and collect
agent is authorized to: accept, receipt
and receipt for all proceeds of any such
for, exercise, release, reject, renounce,
transactions; establish or continue
assign, disclaim, demand, sue for, claim
option accounts for the principal with
and recover any legacy, bequest,
any securities or futures broker; and, in
devise, gift or other property interest or
general, exercise all powers with
payment due or payable to or for the
respect to commodities and options
principal; assert any interest in and
which the principal could if present and
exercise any power over any trust,
under no disability.
estate or property subject to fiduciary
control; establish a revocable trust
(l)
Business operations. The
solely for the benefit of the principal that
agent is authorized to: organize or
terminates at the death of the principal
continue and conduct any business
and is then distributable to the legal
(which term includes, without limitation,
representative of the estate of the
any farming, manufacturing, service,
principal; and, in general exercise all
mining, retailing or other type of
powers with respect to estates and
business operation) in any form,
trusts which the principal could if
whether as a proprietorship, joint
present and under no disability;
venture, partnership, corporation, trust
provided, however, that the agent may
or other legal entity; operate, buy, sell,
not make or change a will and may not
expand, contract, terminate or liquidate
revoke or amend a trust revocable or
any business; direct, control, supervise,
amendable by the principal or require
manage or participate in the operation of
the trustee of any trust for the benefit of
any business and engage, compensate
the principal to pay income or principal
and discharge business managers,
to the agent unless specific authority to
employees, agents, attorneys,
that end is given, and specific reference
accountants and consultants; and, in
to the trust is made, in the statutory
general, exercise all powers with
property power form.
respect to business interests and
operations which the principal could if
(o)
All other property powers
present and under no disability.
and transactions. The agent is
authorized to: exercise all possible
(m)
Borrowing transactions.
powers of the principal with respect to
The agent is authorized to: borrow
all possible types of property and
money; mortgage or pledge any real
interests in property, except to the extent
estate or tangible or intangible personal
the principal limits the generality of this
property as security for such purposes;
category (o) by striking out one or more
sign, renew, extend, pay and satisfy any
categories (a) through (n) or by
notes or other forms of obligation; and,
specifying other limitations in the
in general, exercise all powers with
statutory property power form.
respect to secured and unsecured
borrowing which the principal could if
present and under no disability.
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Illinois Statutory Short Form Power of Attorney for Property
(Notice: The purpose of this Power of Attorney for
Unless you expressly limit the duration of this
Property is to give the person you designate (your
power in the manner provided below, until you
“agent”) broad powers to handle your property,
revoke this power or a court acting on your
which may include powers to pledge, sell or
behalf terminates it, your agent may exercise the
otherwise dispose of any real or personal property
powers given here throughout your lifetime, even
without advance notice to you or approval by you.
after you become disabled. The powers you give
This form does not impose a duty on your agent
your agent are explained more fully in Section
to exercise granted powers; but when powers are
3-4 of the Illinois “Statutory Short Form Power
exercised, your agent will have to use due care to
of Attorney for Property Law” of which this form
act for your benefit and in accordance with this
is a part (see pages 4-7 of this form). That law
form and keep a record of receipts, disburse-
expressly permits the use of any different form
ments and significant actions taken as agent. A
of power of attorney you may desire. If there is
court can take away the powers of your agent if it
anything about this form that you do not
finds the agent is not acting properly. You may
understand, you should ask a lawyer to explain
name successor agents under this form but not
it to you.)
co-agents.
POWER OF ATTORNEY made this ______ day of (month) _____________ (year)_______.
1.
I, (insert name of principal) __________________________________________
(insert address of principal) ______________________________________________ , hereby
appoint: (insert name of agent) __________________________________________________
(insert address of agent) _______________________________________________________
as my attorney-in-fact (my “agent”) to act for me and in my name (in any way I could act in
person) with respect to the following powers, as defined in Section 3-4 of the “Statutory Short
Form Power of Attorney for Property Law” (including all amendments), but subject to any
limitations on or additions to the specified powers inserted
in paragraph 2 or 3 below:
(You must strike out any one or more of the following categories of powers you do
not want your agent to have. Failure to strike the title of any category will cause
the powers described in that category to be granted to the agent. To strike out a
category, you must draw a line through the title of that category.)
(a)
Real estate transactions.
(i)
Tax matters.
(b)
Financial institution transactions.
(j)
Claims and litigation.
(c)
Stock and bond transactions.
(k)
Commodity and option transactions.
(d)
Tangible personal property
(l)
Business operations.
transactions.
(m)
Borrowing transactions.
(e)
Safe deposit box transactions.
(n)
Estate transactions.
(f)
Insurance and annuity transactions.
(o)
All other property powers and
(g)
Retirement plan transactions.
transactions.
(h)
Social Security, employment and
military service benefits.
Power of Attorney for Property
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(Limitations on and additions to the agent’s powers may be included in this power of attorney if
they are specifically described below.)
2.
The powers granted above shall not include the following powers or shall be modified or
limited in the following particulars: (here you may include any specific limitations you deem
appropriate, such as a prohibition or conditions on the sale of particular stock or real estate or
special rules on borrowing by the agent)
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
3.
In addition to the powers granted above, I grant my agent the following powers: (here you
may add any other delegable powers including, without limitation, power to make gifts, exercise
powers of appointment, name or change beneficiaries or joint tenants or revoke or amend any
trust specifically referred to below)
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
(Your agent will have authority to employ other persons as necessary to enable the agent
to properly exercise the powers granted in this form, but your agent will have to make all
discretionary decisions. If you want to give your agent the right to delegate discretionary
decision-making powers to others, you should keep the next sentence; otherwise it
should be struck out.)
4.
My agent shall have the right by written instrument to delegate any or all of the foregoing
powers involving discretionary decision-making to any person or persons whom my agent may
select, but such delegation may be amended or revoked by any agent (including any
successor) named by me who is acting under this power of attorney at the time of reference.
(Your agent will be entitled to reimbursement for all reasonable expenses incurred in
acting under this power of attorney. Strike out the next sentence if you do not want your
agent to also be entitled to reasonable compensation for services as agent.)
5.
My agent shall be entitled to reasonable compensation for services rendered as agent
under this power of attorney.
(This power of attorney may be amended or revoked by you at any time and in any
manner. Absent amendment or revocation, the authority granted in this power of attorney
will become effective at the time this power is signed and will continue until your death
unless a limitation on the beginning date or duration is made by initialing and completing
either (or both) of the following:)
6.
( ) This power of attorney shall become effective on (insert a future date or event
during your lifetime, such as court determination of your
disability, when you want this power to first take effect) ______________________________ .
7.
( ) This power of attorney shall terminate on (insert a future date or event, such as
court determination of your disability, when you want this power to terminate prior to your death)
FORM
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Power of Attorney for Property

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(If you wish to name successor agents, insert the name(s) and address(es) of such
successor(s) in the following paragraph.)
8.
If any agent named by me shall die, become incompetent, resign or refuse to accept the
office of agent, I name the following (each to act alone and successively, in the order named) as
successor(s) to such agent:
__________________________________________________________________________
__________________________________________________________________________
For purposes of this paragraph 8, a person shall be considered to be incompetent if and while
the person is a minor or an adjudicated incompetent or disabled person or the person is unable
to give prompt and intelligent consideration to business matters, as certified by a licensed
physician.
(If you wish to name your agent as guardian of your estate, in the event a court decides
that one should be appointed, you may, but are not required to, do so by retaining the
following paragraph. The court will appoint your agent if the court finds that such
appointment will serve your best interests and welfare. Strike out paragraph 9 if you do
not want your agent to act as guardian.)
9.
If a guardian of my estate (my property) is to be appointed, I nominate the agent acting
under this power of attorney as such guardian, to serve without bond or security.
10.
I am fully informed as to all the contents of this form and understand the full import of this
grant of powers to my agent.
Signed (Principal) _______________________________________________________
(You may, but are not required to, request your agent and successor agents to provide
specimen signatures below. If you include specimen signatures in this power of attorney,
you must complete the certification opposite the signatures of the agent and successors.)
Specimen signatures of agent
I certify that the signatures of my agent
(and successors)
(and successors) are correct.
(Agent) _____________________________
(Principal) ___________________________
(Successor
Agent) ______________________________
(Principal) ___________________________
(Successor
Agent) ______________________________
(Principal) ___________________________
Power of Attorney for Property
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