Illinois health care power of attorney: do you need a notary?

Short answer: no. An Illinois health care power of attorney needs one qualifying adult witness. A notary is optional, and a power of attorney for property is the one that must be notarized.

The rule

Under the Illinois Power of Attorney Act, the statutory health care power of attorney is valid when the principal signs it and one adult witness who isn't disqualified signs too. Illinois Legal Aid Online's instructions note that if you choose to notarize it, you and your witness sign in front of the notary.

When notarizing still makes sense

  • The document may be used in another state with stricter rules
  • A bank, hospital or care facility asks for it
  • You're signing a power of attorney for property at the same visit, which does need a notary

Where to get the form

Free Illinois forms and step-by-step instructions are available from Illinois Legal Aid Online. For advice about your situation, talk to an attorney; as a notary, I can't give legal advice.

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Questions people ask

Does an Illinois health care power of attorney have to be notarized?

No. The Illinois statutory form requires one adult witness who meets the form's rules. Notarizing it is optional, though many families do it so other states, banks and facilities accept it readily.

Who can't be the witness?

The form lists people who can't witness, such as the agent you're naming and certain relatives and care providers. Read the witness section of your form carefully, or ask an attorney.

Does a power of attorney for property need a notary?

Yes. The Illinois statutory short form power of attorney for property must be notarized as well as witnessed.

Can a notary come to the hospital for this?

Yes. I do bedside notarizations 7 days a week. The patient must be alert and able to understand the document.

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