Illinois Compiled Statutes
755 ILCS 45/1-1 (2026)
This Act shall be known and may be cited as the "Illinois Power of Attorney Act"
✓ current as of May 2026
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(755 ILCS 45/1-1)
(from Ch. 110 1/2, par. 801-1)
Sec. 1-1.
This Act shall be known and may be cited as the "Illinois
Power of Attorney Act".
(Source: P.A. 85-701.)
(755 ILCS 45/Art. II heading) ARTICLE II
- DURABLE POWERS OF ATTORNEY.
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Notes of Decisions
Cited in 22
cases (5 in the last 5 years), 1996–2024 · leading case: In Re Est. of Wellman, 673 N.E.2d 272 (Ill. 1996).
In Re Est. of Wellman, 673 N.E.2d 272 (Ill. 1996). “See generally 755 ILCS 45/1-1 et seq. (West 1992). Wellman granted Young broad authority to act for him whether competent or incompetent.”
Est. of Nicholls v. Nicholls, 960 N.E.2d 78 (Ill. App. Ct. 2011). “Respondent argues the trial court erred in (1) applying the Illinois Power of Attorney Act (Act) (755 ILCS 45/1-1 et seq. (West 2004)) so as to limit the scope of the agent's authority pursuant to the subject power of attorney and (2) barring testimony of noninterested witnesses…”
Lexington Health Care Ctr. of Elmhurst, Inc. v. McDade (In Re McDade), 282 B.R. 650 (Bankr. N.D. Ill. 2002). “From the Court’s review of the Power of Attorney, it appears to have been prepared to comply and comport with the Illinois Power of Attorney Act, 755 ILCS 45/1-1 et seq. That statutory scheme was enacted to allow principals, like Norman Clarke, to appoint agents as their…”
In re Est. of Hanley, 2013 IL App (3d) 110264 (Ill. App. Ct. 2013). “¶ 12 In count I, James alleged that John was incapable of managing either his person or his estate because of age and infirmity; did not currently have a guardian or an agent under the Illinois Power of Attorney Act (755 ILCS 45/1-1 et seq. (West 2010)); and was a widower who…”
Hoopingarner v. Stenzel, 768 N.E.2d 772 (Ill. App. Ct. 2002). “755 ILCS 45/1-1 et seq. (West 2000). The trial court found as a matter of law that the power of attorney created by Peters was an Article II type because it did not substantially comply with the form provided in Article III (755 ILCS 45/3-3 (West 2000)).”
In re Est. of Beetler, 2017 IL App (3d) 160248 (Ill. App. Ct. 2017). “¶ 17 The court’s announced findings and written order dated April 22, 2014, were silent and did not explicitly address the prior agency created by Deborah pursuant to the Illinois Power of Attorney Act (Power of Attorney Act) (755 ILCS 45/1-1 et seq. (West 2016)). The court…”
In re Est. of Beetler, 2017 IL App (3d) 160248 (Ill. App. Ct. 2017). “5 ¶ 17 The court’s announced findings and written order dated April 22, 2014, were silent and did not explicitly address the prior agency created by Deborah pursuant to the Illinois Power of Attorney Act (Power of Attorney Act) (755 ILCS 45/1-1 et seq. (West 2016)). The court…”
Collins v. Noltensmeier, 2018 IL App (4th) 170443 (Ill. App. Ct. 2018). “The Act includes article III, the Statutory Short Form Power of Attorney for Property Law ( 755 ILCS 45/3-1 to 3-5 (West 2010) ), which provides a standardized short form power of attorney for individuals to use.”
People v. Wilson, 2023 IL App (1st) 220032 (Ill. App. Ct. 2023). “¶ 18 Regarding defendant’s argument that his wife was authorized to file pleadings on his behalf because she was his power of attorney, the Illinois Power of Attorney Act (755 ILCS 45/1-1 et seq. (West 2020)) does not permit a nonlawyer to practice law.”
Collins v. Noltensmeier, 2018 IL App (4th) 170443 (Ill. App. Ct. 2018). “¶ 23 In 1987, the legislature enacted the Illinois Power of Attorney Act (Act) (755 ILCS 45/1-1 to 4-12 (West 2010)). The Act includes article III, the Statutory Short Form Power of Attorney for Property Law (755 ILCS 45/3-1 to 3-5 (West 2010)), which provides a standardized…”
In re Est. of Rodden, 2015 IL App (1st) 140798 (Ill. App. Ct. 2015). “755 ILCS 45/1-1 et seq. (West 2012). The first requires agents to maintain records of any disbursements they make on behalf of the principal and to provide copies of those records upon request to the principal’s court-appointed guardian.”
In re Guardianship of Lillian Burdge, 2018 IL App (5th) 170317 (Ill. App. Ct. 2018). “However, the appellate court reversed and remanded, concluding that "absent a written court order explicitly directing a plenary guardian to exercise the powers of the principal under the agency pursuant to the Power of Attorney Act, the appointment of a plenary guardian does…”
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