The Illinois Durable Power of Attorney Form is an agreement that gives the Attorney-in-Fact the power to continue to act on behalf of the Principal, even if the Principal is declared incapable of making their own decisions. Some reasons why a Principal would be declared incapacitated include falling into a coma or being diagnosed with dementia.
Illinois state law requires that a Power of Attorney Agreement be witnessed by at least one person unrelated to either the Principal or Attorney-in-Fact and that it be notarized in order to be valid. It should also be noted that in Illinois, if the Attorney-in-Fact is the Principal’s spouse and they get divorced, the Power of Attorney Agreement will immediately become void. If the Principal wishes for the Attorney-in-Fact to retain their powers, despite the divorce, they will have to create a new Power of Attorney Agreement.