IL House Bill 6477

Legislation

State: Illinois
Signed: June 22, 2010

Effective: July 01, 2010
Chapter: Public Act 096-1195

Summary

House Bill 6477 amends Illinois’ Power of Attorney Act by clarifying that a power of attorney for property must be witnessed by one witness and notarized by a Notary who is not the witness for the power. In addition, the new law prohibits a Notary from notarizing a power under certain circumstances.

Affects

Amends the Illinois Power of Attorney Act, 755 ILCS 45/1-1 et seq.

Changes

Clarifies that a statutory and nonstatutory power of attorney for property must be witnessed by one witness and acknowledged before a Notary Public. (Note: a “statutory property power” consists of the following: (a) the statutory Notice to the Individual Signing the Illinois Statutory Short Form Power of Attorney for Property; (b) the Illinois Statutory Short Form Power of Attorney for Property; and (c) the statutory Notice to Agent.
Prohibits a Notary who notarizes a power of attorney for property from also serving as the required witness for the power.
Prohibits a Notary from notarizing a power of attorney for property if the Notary is: (a) the principal’s attending physician or mental health service provider, or a relative of the physician or provider; (b) an owner, operator, or relative of an owner or operator of a health care facility in which the principal is a patient or resident (note: directors and executive officers of an operator that is a corporate entity may not notarize the power but an employee of the operator may notarize the power); (c) 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; or (d) an agent or successor agent for property.

Analysis

House Bill 6477 makes changes to the Illinois Power of Attorney Act. Specifically with respect to Notaries, the law now clarifies that a power of attorney for property must be notarized by one person and witnessed by another person. A Notary who notarizes a power of attorney for property may not serve as the one required witness for the power. Furthermore, a Notary may not notarize the power if the Notary is the principal’s health care provider; owner or operator, or relative of the owner or operator of the health care facility in which the principal is a resident; a close relative of the principal or an agent or successor agent; or an agent or successor agent.

Read House Bill 6477.