In the United States, a Durable Power of Attorney (or DPA) form is a special document that allows you to designate people for managing your finances when you are unable to do so. Please note that the durable power of attorney form is tied to only financial statements, not to health and medical care. For this one, you should proceed to another form.
In the DPA form, one may state the responsibilities of his or her agent or attorney who can be a hired specialist, a spouse, or a relative (siblings, kids, and other relatives). This should be a trusted person that guarantees the safety and competent managing of your properties.
You will need this form if you have faced an accident or disease that eventually makes you disabled. If you are not capable of decision making regarding your finances anymore, the designated person will deal with it in accordance with DPA.
Illinois power of attorney forms – have a look at several other powers of attorney used in the State of Illinois.
The word “durable” appears in the term because the action of this form lasts until your death. The only way to stop its action is to revoke the form.
In the US, every state has its own rules for creating such a form. In the majority of states, you have to notarize this document. In some states, you will need a witness (or even witnesses) to sign as well. All of the participants that are signing the paper have to be in good and clear conscience.
In the state of Illinois, the DPA form has to be notarized and signed by at least one witness, as written in paragraph 755 ILCS 45/3-3 of state law. You may also find the general requirements and details about the form in this state in section 755 ILCS 45/.
Like in other states, a form in Illinois consists of various responsibilities that you may assign to your agent or attorney. If you need so, all of the points can be chosen. The list of responsibilities contains numerous actions, including:
And many others.
Your agent or attorney can take action in all of the cases if you want. However, pay attention to all of them and spend some time to read them thoroughly. We recommend deciding which financial situations you want to assign in advance. Also, think carefully about your agent or attorney: whether it is a hired professional, your husband or wife, or another member of your family. You should trust this person like yourself.
It is recommended to print out three copies of the DPA form in Illinois. Do not forget to contact your notary that will sign and get a witness. In Illinois, the DPA form contains 11 pages.
We have prepared a detailed guide that will help you to complete the DPA form in Illinois. You may check out the steps to the form creation below.
1. Download the Illinois DPA Form Template
Your first step would be downloading the form. To speed the process up, you may use our form building software.
2. Read the Text below Carefully
The DPA form in Illinois starts with the section that explains the basic details about the document. As a Principal, you should read this text carefully. If something is still unclear, you may ask your lawyer about it.
3. Insert Your Initials under the Text
Under the text, you will see a line for your initials. When you have finished reading and understood everything that is written, insert your initials in the relevant line.
4. Start Filling out the Form
The third page of the form starts with the lines for a principal’s full name. Also, he or she has to add the address.
5. Add Your Agent’s Information
Below your name and address, add the full name and address of your agent or attorney. Please note that you are not allowed to insert co-agents or co-attorneys according to the DPA in Illinois.
6. Choose Your Agent Responsibilities
Here, you have to opt for numerous cases where your agent may take action regarding your finances. In Illinois, the possible options are:
Then, in subsections 2 and 3, you may add more responsibilities, state what your agent cannot do, and add corrections to the statements that you have chosen from above.
7. Insert the Dates
Here, you should insert the date when your DPA form becomes effective. In the lines further, you also can add a date of the form effectiveness termination.
8. Designate the Successor Agent (or Agents)
If your current agent dies, you should have another trusted agent that will act in accordance with your DPA form. The lines of this section allow you to insert one or more successor agents.
9. Sign the Form
Add your signature and the signing date in this section.
10. Ask a Witness to Sign
To make the form valid in Illinois, you should have at least one witness. He or she should read the statement carefully and sign the paper if agreed. If you want to add one more witness to your document, the lines are provided below.
11. Ask a Notary to Verify and Sign
Besides having at least one witness who signs the form, the law of Illinois requires signing the paper by a notary, as we have mentioned above.
12. Ask an Agent (or Agents) to Sign
Here, your agent and successor agent(s) should put their signatures. As a principal, you will verify that these signatures are real, on the right-hand side.
13. Add the Preparer’s Details
If someone has helped you complete the form, add his or her details below, including a full name and address.
14. Give the Agent’s Notice to Your Agent
Below the “Preparer” section, you will see a notice to the agent, which is two pages long. Your agent will have to read it and understand his or her responsibilities. In Illinois, this notice is a part of the DPA form officially.