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Illinois Compiled Statutes

755 ILCS 45/3-3.6 (2026)

Limitations on who may witness property powers

✓ current as of May 2026
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(755 ILCS 45/3-3.6)
    Sec. 3-3.6. Limitations on who may witness property powers.
    (a) Every property power shall bear the signature of a witness to the signing of the agency and shall be notarized. None of the following may serve as a witness to the signing of a property power or as a notary public notarizing the property power:
        (1) the attending physician or mental health service
    
provider of the principal, or a relative of the physician or provider;
        (2) an owner, operator, or relative of an owner or
    
operator of a health care facility in which the principal is a patient or resident;
        (3) a parent, sibling, or descendant, or the spouse
    
of a parent, sibling, or descendant, of either the principal or any agent or successor agent, regardless of whether the relationship is by blood, marriage, or adoption;
        (4) an agent or successor agent for property.
    (b) The prohibition on the operator of a health care facility from serving as a witness shall extend to directors and executive officers of an operator that is a corporate entity but not other employees of the operator.
(Source: P.A. 96-1195, eff. 7-1-11.)

    
Notes of Decisions
Cited in 1 case, 2020–2020 · leading case: U.S. Bank Nat'l Ass'n v. Casaquite, 2020 IL App (1st) 191586-U (Ill. App. Ct. 2020).
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U.S. Bank Nat'l Ass'n v. Casaquite, 2020 IL App (1st) 191586-U (Ill. App. Ct. 2020). “755 ILCS 45/3-3.6(a) (West 2018)). This witness is required to certify that he is not a “parent, sibling, or descendent, or any spouse of such parent, sibling, or descendent of either the principal or any agent or successor agent under the foregoing power of attorney, whether…”
755 ILCS 45/3-3.6(a): 1 case
U.S. Bank Nat'l Ass'n v. Casaquite, 2020 IL App (1st) 191586-U (Ill. App. Ct. 2020). “755 ILCS 45/3-3.6(a) (West 2018)). This witness is required to certify that he is not a “parent, sibling, or descendent, or any spouse of such parent, sibling, or descendent of either the principal or any agent or successor agent under the foregoing power of attorney, whether…”
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