In March 2011, ATG published an article that provided an overview of the amendments to the Illinois Power of Attorney Act, 755 ILCS 45. The amendments were effective July 1, 2011 and included a requirement that there be at least one witness on an executed power of attorney.

Recently, ATG has experienced instances where the power of attorney is not witnessed. Based on the 2011 amendments, ATG requires that all powers of attorney must contain at least one witness, in addition to the notary public. This is based on the amendments to the statute, which is briefly summarized below.

Section 3-3 of the Act requires at least one witness to the principal's signature. The power of attorney will not be effective unless witnessed and notarized. The notary may not sign as a witness. In addition, the act includes a list of who may not be a witness:

• The attending physician or mental health provider;
• Owners or operators of health care facilities where the principal is a patient;
• Parent, sibling, descendant or spouse of such parent, sibling, or descendant of the principal or agent; or
• An agent or successor agent under the power of attorney.

These requirements apply to both the Statutory Short Form Power of Attorney as well as the non-statutory power of attorney, see Section 3-3(b). Click here for a copy of ATG's Statutory Short Form Power of Attorney.

In conclusion, any Illinois power of attorney, whether it is a statutory short form or in a non-statutory form, must contain at least one valid witness to the principal's signature.