What a power of attorney does
A power of attorney is a document through which a person, often called the principal, gives an agent authority to act in specified matters. The powers granted, when they begin, and how long they continue depend on the document and applicable law. It is a significant planning decision, so choose the form and its terms with appropriate professional advice before scheduling a signing.
Notarization is one part of execution when required. It does not choose the agent, determine which powers are appropriate, or replace legal advice about the document's effect.
Property and financial matters
A property power of attorney can address financial or property matters within the authority granted. Illinois's statutory short form for property includes a witness and notarial acknowledgment. Witness eligibility and the signing process matter; a convenient friend or relative is not automatically an appropriate witness. Review the Illinois Power of Attorney Act with your attorney when determining the requirements for your form.
Before the appointment, ask the receiving institution whether it has specific submission instructions. An institution's practical acceptance process is a separate question from what the law requires to execute the document.
Health care decisions
A health care power of attorney addresses health care decision-making rather than general business or property matters. Illinois's statutory health care form calls for a qualified witness; the standard form does not require notarization. Do not assume that the property form's execution requirements apply to the health care form.
The Illinois Department of Public Health's statutory form includes instructions and witness qualifications. Its advance directives guidance explains health care planning options. Ask your attorney or health care team about questions specific to your needs.
Prepare before anyone signs
- Have the final document and its instructions available.
- Confirm who must attend and whether a separate qualified witness is required.
- Discuss identification requirements with the notary when notarization is needed.
- Make sure the principal can participate and communicate without pressure.
- Arrange a comfortable setting and allow time for questions.
Do not ask a notary to overlook concerns about willingness, identity, or a required signing procedure. If the principal is unable to participate, the right next step is to consult a qualified professional about the situation, not to sign for them informally.
After execution
Ask your attorney how to store the original, distribute copies, and communicate the document to the people who need it. Keep a record of where copies were provided. Questions about changing, revoking, or using a power of attorney belong with a qualified attorney; a notary appointment is not a substitute for that guidance.
General information only; this article does not provide legal or financial advice. For guidance about your document or transaction, consult a qualified professional.
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