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Power Of Attorney For Property (Statutory Short Form) Form. This is a Illinois form and can be use in Miscellaneous Statewide.
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Tags: Power Of Attorney For Property (Statutory Short Form), Illinois Statewide, Miscellaneous
Illinois Statutory Short Form Power of Attorney for Property
(Notice: The purpose of this Power of Attorney for
Property is to give the person you designate (your
“agent”) broad powers to handle your property,
which may include powers to pledge, sell or
otherwise dispose of any real or personal property
without advance notice to you or approval by you.
This form does not impose a duty on your agent
to exercise granted powers; but when powers are
exercised, your agent will have to use due care to
act for your benefit and in accordance with this
form and keep a record of receipts, disbursements and significant actions taken as agent. A
court can take away the powers of your agent if it
finds the agent is not acting properly. You may
name successor agents under this form but not
co-agents.
Unless you expressly limit the duration of this
power in the manner provided below, until you
revoke this power or a court acting on your
behalf terminates it, your agent may exercise the
powers given here throughout your lifetime, even
after you become disabled. The powers you give
your agent are explained more fully in Section
3-4 of the Illinois “Statutory Short Form Power
of Attorney for Property Law” of which this form
is a part (see pages 4-7 of this form). That law
expressly permits the use of any different form
of power of attorney you may desire. If there is
anything about this form that you do not
understand, you should ask a lawyer to explain
it to you.)
POWER OF ATTORNEY made this ______ day of (month) _____________ (year)_______.
1.
I, (insert name of principal) __________________________________________
(insert address of principal) ______________________________________________ , hereby
appoint: (insert name of agent) __________________________________________________
(insert address of agent) _______________________________________________________
as my attorney-in-fact (my “agent”) to act for me and in my name (in any way I could act in
person) with respect to the following powers, as defined in Section 3-4 of the “Statutory Short
Form Power of Attorney for Property Law” (including all amendments), but subject to any
limitations on or additions to the specified powers inserted
in paragraph 2 or 3 below:
(You must strike out any one or more of the following categories of powers you do
not want your agent to have. Failure to strike the title of any category will cause
the powers described in that category to be granted to the agent. To strike out a
category, you must draw a line through the title of that category.)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Real estate transactions.
Financial institution transactions.
Stock and bond transactions.
Tangible personal property
transactions.
Safe deposit box transactions.
Insurance and annuity transactions.
Retirement plan transactions.
Social Security, employment and
military service benefits.
Power of Attorney for Property
(i)
(j)
(k)
(l)
(m)
(n)
(o)
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Tax matters.
Claims and litigation.
Commodity and option transactions.
Business operations.
Borrowing transactions.
Estate transactions.
All other property powers and
transactions.
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(Limitations on and additions to the agent’s powers may be included in this power of attorney if
they are specifically described below.)
2.
The powers granted above shall not include the following powers or shall be modified or
limited in the following particulars: (here you may include any specific limitations you deem
appropriate, such as a prohibition or conditions on the sale of particular stock or real estate or
special rules on borrowing by the agent)
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
3.
In addition to the powers granted above, I grant my agent the following powers: (here you
may add any other delegable powers including, without limitation, power to make gifts, exercise
powers of appointment, name or change beneficiaries or joint tenants or revoke or amend any
trust specifically referred to below)
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
(Your agent will have authority to employ other persons as necessary to enable the agent
to properly exercise the powers granted in this form, but your agent will have to make all
discretionary decisions. If you want to give your agent the right to delegate discretionary
decision-making powers to others, you should keep the next sentence; otherwise it
should be struck out.)
4.
My agent shall have the right by written instrument to delegate any or all of the foregoing
powers involving discretionary decision-making to any person or persons whom my agent may
select, but such delegation may be amended or revoked by any agent (including any
successor) named by me who is acting under this power of attorney at the time of reference.
(Your agent will be entitled to reimbursement for all reasonable expenses incurred in
acting under this power of attorney. Strike out the next sentence if you do not want your
agent to also be entitled to reasonable compensation for services as agent.)
5.
My agent shall be entitled to reasonable compensation for services rendered as agent
under this power of attorney.
(This power of attorney may be amended or revoked by you at any time and in any
manner. Absent amendment or revocation, the authority granted in this power of attorney
will become effective at the time this power is signed and will continue until your death
unless a limitation on the beginning date or duration is made by initialing and completing
either (or both) of the following:)
6.
(
) This power of attorney shall become effective on (insert a future date or event
during your lifetime, such as court determination of your
disability, when you want this power to first take effect) ______________________________ .
7.
(
) This power of attorney shall terminate on (insert a future date or event, such as
court determination of your disability, when you want this power to terminate prior to your death)
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Power of Attorney for Property
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(If you wish to name successor agents, insert the name(s) and address(es) of such
successor(s) in the following paragraph.)
8.
If any agent named by me shall die, become incompetent, resign or refuse to accept the
office of agent, I name the following (each to act alone and successively, in the order named) as
successor(s) to such agent:
__________________________________________________________________________
__________________________________________________________________________
For purposes of this paragraph 8, a person shall be considered to be incompetent if and while
the person is a minor or an adjudicated incompetent or disabled person or the person is unable
to give prompt and intelligent consideration to business matters, as certified by a licensed
physician.
(If you wish to name your agent as guardian of your estate, in the event a court decides
that one should be appointed, you may, but are not required to, do so by retaining the
following paragraph. The court will appoint your agent if the court finds that such
appointment will serve your best interests and welfare. Strike out paragraph 9 if you do
not want your agent to act as guardian.)
9.
If a guardian of my estate (my property) is to be appointed, I nominate the agent acting
under this power of attorney as such guardian, to serve without bond or security.
10.
I am fully informed as to all the contents of this form and understand the full import of this
grant of powers to my agent.
Signed (Principal) _______________________________________________________
(You may, but are not required to, request your agent and successor agents to provide
specimen signatures below. If you include specimen signatures in this power of attorney,
you must complete the certification opposite the signatures of the agent and successors.)
Specimen signatures of agent
(and successors)
I certify that the signatures of my agent
(and successors) are correct.
(Agent) _____________________________
(Principal) ___________________________
(Successor
Agent) ______________________________
(Principal) ___________________________
(Successor
Agent) ______________________________
(Principal) ___________________________
Power of Attorney for Property
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(This power of attorney will not be effective unless it is notarized and signed by at least one
additional witness, using the form below. Note: The requirement of the signature of an
additional witness applies only to instruments executed on or after June 9, 2000, the
effective date of Public Act 91-790.)
The undersigned witness certifies that ___________________________________________ ,
known to me to be the same person whose name is subscribed as principal to the foregoing
power of attorney, appeared before me and the notary public and acknowledged signing and
delivering the instrument as the free and voluntary act of the principal, for the uses and
purposes therein set forth. I believe him or her to be of sound mind and memory.
Dated: ____________________________________________ (SEAL)
Witness: __________________________________________
State of __________________________________________ )
) SS.
County of _________________________________________ )
The undersigned, a notary public in and for the above county and state, certifies that
____________________________________________ , known to me to be the same person
whose name is subscribed as principal to the foregoing power of attorney, appeared before me
and the additional witness in person and acknowledged signing and delivering the instrument
as the free and voluntary act of the principal, for the uses and purposes therein set forth (, and
certified to the correctness of the signature(s) of the agent(s)).
Dated: ____________________________________________ (SEAL)
(Notary Public) ______________________________________
My commission expires ______________________________ .
(The name and address of the person preparing this form should be inserted if the agent
will have power to convey any interest in real estate.)
This document was prepared by:
(Name) ____________________________________________________________________
(Address) ___________________________________________________________________
IL-402-0755, part 1 of 2 (Rev. 8/08, 12M)
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Power of Attorney for Property
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