The Illinois limited power of attorney is a legal instrument that permits the “principal” to designate the “agent” or “attorney-in-fact” to perform specific actions on their behalf. This form differs from a general power of attorney, as it restricts the agent’s authority to a designated task or a defined time frame.
This document is useful when the principal needs to delegate authority for specific purposes or a limited period. For example, a limited power of attorney might be used to authorize the agent to:
A valid limited power of attorney in Illinois must clearly state the specific powers granted and the circumstances under which the powers are to be executed. If you want to grant your agent broader powers or authority, use other Illinois power of attorney forms on our site.
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The legal framework for executing a limited power of attorney in this state is governed by the Illinois Power of Attorney Act (755 ILCS 45). Under this statute, an agent appointed through a power of attorney can perform actions on behalf of the principal strictly within the scope explicitly granted by the power of attorney document.
According to section 755 ILCS 45/3-4, the authority conferred to the agent is limited to the specifics outlined in the agreement, and the agent must not act beyond the principal’s designated powers.
The signing requirements for a valid limited power of attorney in Illinois are specified in section 755 ILCS 45/3-3 of the Act. The document must be signed in one witness’s presence and notarized by a notary public. This ensures that the power of attorney is executed properly and is legally binding.
Document Name | Illinois Limited Power of Attorney Form |
Other Name | Illinois Special Power of Attorney |
Relevant Laws | 755 ILCS 45/3-4 |
Avg. Time to Fill Out | 8 minutes |
# of Fillable Fields | 32 |
Available Formats | Adobe PDF |
If you need to transfer specific responsibilities to someone else while you’re unavailable, the Illinois limited power of attorney template provides a legal way. Below is a step-by-step guide to help you complete this form.
1. Read the Notice Section
Begin by reading the notice section thoroughly. This part explains the scope and limitations of the powers you grant to your attorney-in-fact. It’s important to understand that unless otherwise stated, these powers will cease upon your incapacitation.
2. Fill in the Principal’s Information
Enter your full name and complete address in the designated fields under the “Principal” section. Be sure to double-check the accuracy of this information, as it identifies you as the form’s authorizer.
3. Designate Your Attorney-in-Fact
In the “Attorney-in-Fact” section, write the full name and address of the person you are appointing. Ensure this individual is someone you trust implicitly to manage your financial affairs.
4. Specify Powers Granted
Clearly describe the specific authority you are granting to your attorney-in-fact. This should be detailed to prevent any ambiguity regarding their powers.
You can appoint a successor attorney-in-fact by filling out their details in the “Successor Attorney-in-Fact” section. This step is optional but recommended if the primary attorney-in-fact cannot fulfill their duties.
5. Sign and Date the Form
You must sign and date the form in the “Principal’s Signature” section. This act formally executes the power of attorney. The designated Attorney-in-Fact must also sign the form, acknowledging and accepting the responsibilities you have outlined.
6. Witness and Notarize the Document
The form requires the signature of at least one witness and a notary public to be legally binding. Ensure these individuals are present to sign the form when you execute it.
Once completed, keep the original document safe and distribute copies to your attorney-in-fact, financial institutions, and anyone needing to know about this arrangement.