Durable Power of Attorney for Property
Eff. 7/1/11
Text of Section after amendment by P.A. 96-1195)
Sec. 3-3. Statutory short form power of attorney for property.
(a) The form prescribed in this Section may be known as "statutory property power" and
may be used to grant an agent powers with respect to property and financial matters. The
"statutory property power" consists of the following: (1) Notice to the Individual Signing the
Illinois Statutory Short Form Power of Attorney for Property; (2) Illinois Statutory Short Form
Power of Attorney for Property; and (3) Notice to Agent. When a power of attorney in
substantially the form prescribed in this Section is used, including all 3 items above, with item
(1), the Notice to Individual Signing the Illinois Statutory Short Form Power of Attorney for
Property, on a separate sheet (coversheet) in 14-point type and the notarized form of
acknowledgment at the end, it shall have the meaning and effect prescribed in this Act.
(b) A power of attorney shall also be deemed to be in substantially the same format as the
statutory form if the explanatory language throughout the form (the language following the
designation "NOTE:") is distinguished in some way from the legal paragraphs in the form,
such as the use of boldface or other difference in typeface and font or point size, even if the
"Notice" paragraphs at the beginning are not on a separate sheet of paper or are not in
14-point type, or if the principal's initials do not appear in the acknowledgement at the end of
the "Notice" paragraphs.
The validity of a power of attorney as meeting the requirements of a statutory property
power shall not be affected by the fact that one or more of the categories of optional powers
listed in the form are struck out or the form includes specific limitations on or additions to the
agent's powers, as permitted by the form. Nothing in this Article shall invalidate or bar use by
the principal of any other or different form of power of attorney for property. Nonstatutory
property powers (i) must be executed by the principal, (ii) must designate the agent and the
agent's powers, (iii) must be signed by at least one witness to the principal's signature, and
(iv) must indicate that the principal has acknowledged his or her signature before a notary
public. However, nonstatutory property powers need not conform in any other respect to the
statutory property power.
(c) The Notice to the Individual Signing the Illinois Statutory Short Form Power of Attorney
for Property shall be substantially as follows:
"NOTICE TO THE INDIVIDUAL SIGNING THE ILLINOIS
STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY.
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