§ 3-3.6 — Limitations on who may witness property powers

Illinois § 3-3.6

• Jurisdiction: Illinois
• Topic: RIGHTS AND REMEDIES
• Ch. 755: ESTATES
• Act 755 ILCS 45/: Illinois Power of Attorney Act.
• Art.: Article III - Statutory Short Form Power Of Attorney For Property

Text

(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.

Legislative History

(Source: P.A. 96-1195, eff. 7-1-11 .)