How to notarize a power of attorney in Illinois
People seek a power of attorney for a variety of reasons and circumstances. Usually it’s for a family member who is older and unable to make sound decisions on their own – or are at the point that they can no longer take care of themselves. Regardless of the reason, below we will explain the most common types of power of attorneys and how to make it official using a notary.
Types of Power of Attorney’s in Illinois
A power of attorney in Illinois is a legal document that grants specific “powers” to someone you trust known as the Agent or Attorney-in-Fact in order to handle certain matters, commonly used for financial or healthcare purposes.
Let’s first discuss the two main types of POAs in Illinois. The most common power of attorneys in Illinois are:
POA for Property
- a POA for property in Illinois allows someone to handle your financial or business matters on your behalf. Basically you are authorizing someone else to handle your money and make financial decisions for you.
POA for Healthcare
- a health care POA allows someone to make medical decisions on your behalf. (This document goes by different names depending on the state, but in Illinois it is called a durable power of attorney for health care.
These two are the most common we notarize and provide witnesses for here in Chicago!
Steps on How to Notarize A Power of Attorney in Illinois
Writing a POA on a napkin and having your loved one sign it won’t cut it in court. A power of attorney is a very important estate planning document that needs to be drafted properly (preferably by an estate planning lawyer) and witness & notarized by a licensed notary in the state.
The process of notarizing a power of attorney in Illinois is relatively straightforward. To begin, both the principal (the person granting the powers) and the agent (the person receiving the powers) must sign the power of attorney document. Next, the principal and agent must appear before a notary public.
The notary public will verify the identities of the principal and agent and witness their signatures. Finally, the notary public will affix their official seal or stamp to the power of attorney document, confirming its notarization. It is important to note that the notary public must be impartial and not have any personal or financial interest in the power of attorney.
There are three key things that must happen in order to make a POA legal and enforceable:
- Create or print the POA using a Statutory Form or have one made by an Attorney
- POA must be signed in the presence of a notary public
- You must have the POA signing witnessed by at least one person (note the notary CANNOT act as both a witness and notary)
The location of the signing and witnessing does not matter. You can have your POA notarized and witnessed at your loved one’s home, nursing home, and in emergency cases even hospitals.
We Notarize POAs All The Time In Illinois
As power of attorney notaries, we notarize POAs consistently in Cook County and surround counties – therefore we know the process very well. Our mobile notary services have been a life saver for many families throughout northern Illinois. If you ever need a POA notarized and witnessed, Don’t hesitate to give us a call!
We have notaries in Lake, McHenry, DuPage, and yes Cook Country ready at a moments notice ready to make your power of attorney document official.
