A power of attorney (POA) is one of the most important legal documents an Illinois resident can have. It grants another person — called the agent or attorney-in-fact — the authority to act on your behalf in financial, legal, or medical matters. In Illinois, powers of attorney must be properly executed and notarized to be legally valid.
Does a Power of Attorney Need to Be Notarized in Illinois?
Yes — Illinois law requires powers of attorney to be signed in the presence of a notary public and one witness. Both the notarization and the witness signature are required for the document to be legally valid and accepted by banks, financial institutions, healthcare providers, and government agencies.
Important: The witness cannot be the agent named in the power of attorney, a relative of the principal or agent, anyone who would inherit from the principal, or the notary. Choose your witness carefully.
Types of Power of Attorney in Illinois
Property Power of Attorney (Financial POA)
Authorizes your agent to manage financial matters including banking, investments, real estate transactions, taxes, and business operations. Governed by the Illinois Power of Attorney Act. Must be signed before a notary and one witness.
Healthcare Power of Attorney
Authorizes your agent to make medical decisions on your behalf if you become unable to do so. Also governed by the Illinois Power of Attorney Act. Requires a notary and one witness. Frequently combined with a living will or advance directive.
Limited or Special Power of Attorney
Grants authority for a specific transaction or time period — for example, authorizing someone to sell a specific piece of real estate while you are out of the country. Also requires notarization.
Durable Power of Attorney
Remains in effect even if the principal becomes incapacitated. This is the most common type for long-term planning. Requires specific language in the document and must be notarized.
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How to Get a Power of Attorney Notarized in Illinois
- Prepare your document — use an Illinois-compliant POA form. The Illinois State Bar Association and Secretary of State offer approved forms, or have an attorney draft a customized document
- Do not sign in advance — the notary must witness your signature
- Arrange a witness — someone who meets the eligibility requirements (not your agent, not a relative, not someone who would inherit from you)
- Find a notary — use our directory to find an active commissioned notary in your county
- Bring valid photo ID — driver's license, passport, or state ID
- Sign in the presence of the notary and witness
What to Bring to Your POA Notarization Appointment
- The completed but unsigned power of attorney document
- Your valid government-issued photo ID
- Your witness (they must also be present)
- The witness's photo ID may be requested
- Payment for the notary fee
Cost of POA Notarization in Illinois
The notary fee for a power of attorney is typically minimal since it usually involves just one or two notarized signatures at $1 each. However, mobile notary travel fees apply. Expect to pay:
- At a bank or library: Free to $5
- Mobile notary at your home: $40 to $85 total including travel
- Remote online notarization: $25 to $50
After Notarization — Making Your POA Official
Once notarized, make multiple certified copies of your power of attorney. Illinois does not require recording a POA with the county recorder, but if the POA involves real estate transactions it should be recorded with the county recorder's office where the property is located.
Provide copies to:
- Your named agent
- Your bank and financial institutions
- Your healthcare providers (for healthcare POA)
- Your attorney if you have one
- A trusted family member
Common Mistakes to Avoid
- Signing the document before meeting with the notary
- Using a witness who is ineligible (relative, agent, or potential heir)
- Using an outdated form that does not comply with current Illinois law
- Not making enough copies — the original and multiple certified copies are important
- Waiting until a crisis — POA must be signed while the principal is mentally competent
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