Most families think about power of attorney too late: in a hospital hallway, when a doctor asks who can make decisions, or when the bank will not talk to anyone but Mom. By then, a parent with advancing dementia may no longer be able to sign the documents that would have made everything simpler.
This guide explains the three Illinois documents families most often need before a parent needs care, the signing rules for each, and what happens if they are missing. It is general information, not legal advice. For your family’s situation, talk with an Illinois elder law attorney or a legal aid organization.
The three documents at a glance
| Document | What it does | Signing requirements |
|---|---|---|
| Power of attorney for health care | Names an agent to make health care decisions if your parent cannot | At least one qualified witness. Notarization is not required |
| Power of attorney for property | Names an agent to manage money, bills, accounts and property | One qualified witness and a notary |
| IDPH Uniform POLST form | A medical order recording decisions about CPR and life-sustaining treatment | Completed with a qualified healthcare practitioner. Witnesses are no longer required |
Illinois’ Power of Attorney Act (755 ILCS 45) includes statutory short forms for both powers of attorney, and Illinois Legal Aid Online offers free guided versions.
Power of attorney for health care
A power of attorney for health care lets your parent (the principal) choose someone (the agent) to make health care decisions for them. According to Illinois Legal Aid Online, your parent decides when it takes effect: right away, or only when they can no longer make decisions for themselves. While your parent is still able to decide, their own choices come first.
The agent can be given broad authority, including decisions about treatment, hospital admission and discharge, and end-of-life care. The agent must be at least 18 and generally cannot be your parent’s own health care provider. They do not need to be a relative or live nearby.
Who can witness it
Illinois requires at least one adult, mentally competent witness, and Illinois Legal Aid Online suggests two if possible. The witness cannot be:
- Your parent’s doctor or health care provider, or a close relative of theirs
- The agent or backup agent, or a close relative of either
- An owner or operator of a health care facility where your parent lives or is a patient, or their close relative
- The person who helped write the document
- Your parent’s close relative
That last point surprises many families: an adult child usually cannot serve as the witness for a parent’s health care power of attorney. Plan ahead for a neighbor, friend or notary’s office staff member.
Power of attorney for property
A power of attorney for property gives an agent access to and control of your parent’s money and property. This is the document that lets you pay the bills, talk to the bank, manage a pension or sell a house if that becomes necessary to pay for care.
It must be signed in front of one qualified witness and notarized. Since January 1, 2024, Illinois allows electronic signatures, with the notary and witness able to take part by video. After signing, give copies to the agent and to the banks and companies the agent will need to deal with.
The POLST form
The IDPH Uniform POLST form is different from a power of attorney. The Illinois Department of Public Health describes it as “a medical order that communicates a patient’s advance decisions about CPR and life-sustaining treatment.” It is meant for people with a serious, progressive illness or frailty. It is completed after a conversation with a qualified healthcare practitioner, and it must be honored by facilities and emergency medical services. It is voluntary and cannot be required as a condition of treatment or admission.
The documents only work if your parent can still understand what they are signing. After a dementia diagnosis, the best time to act is now.
What happens if there’s no power of attorney?
For health care decisions, Illinois’ Health Care Surrogate Act sets a priority order of who may decide: a court-appointed guardian, then a spouse, then adult children, parents, siblings and others. Your parent cannot change that order after the fact, and disagreements among siblings can be hard to resolve.
For money and property, there is no automatic surrogate. If your parent can no longer manage their finances and no one holds a power of attorney for property, the family may need to ask a court to appoint a guardian. That process takes time and money, and it happens in public, which is exactly what a power of attorney is designed to avoid.
Timing: why a dementia diagnosis changes the urgency
A diagnosis of dementia does not automatically mean your parent cannot sign legal documents. Many people in the early stage still can. But the ability to understand and make these decisions can fade gradually, and it is hard to predict when. If there is any question about your parent’s capacity, an attorney can advise on how to proceed, and your parent’s doctor may be asked for input. Our guides to what to do after a dementia diagnosis and the stages of dementia explain why the early stage is the planning window.
A checklist for families
- Talk with your parent about who they trust to speak for them, and why.
- Name a backup (successor) agent in each document in case the first choice cannot serve.
- Line up a witness who is not a relative, and a notary for the property document.
- Ask your parent’s doctor whether a POLST conversation is appropriate.
- Keep originals somewhere safe and easy to find, and give copies to the agents, doctors and financial institutions.
- Bring copies to any hospital stay or move. Our article on when a parent can’t go home after a hospital stay explains why they matter at discharge.
Free and low-cost legal help
Illinois Legal Aid Online has free, guided power of attorney forms. Area Agencies on Aging can connect older adults with legal services: the Northwestern Illinois Area Agency on Aging (815-226-4901) serves Lee, Whiteside and Ogle counties, and AgeGuide Northeastern Illinois (1-800-528-2000) serves McHenry County. For anything complex, such as blended families, significant assets or planning for long-term care costs, an elder law attorney is worth the consultation.
Frequently asked questions
Does an Illinois health care power of attorney need to be notarized?
No. It requires at least one qualified witness. Notarization is optional, although Illinois Legal Aid Online says it is a good idea if possible. The power of attorney for property, by contrast, must be notarized.
Can I witness my mom’s power of attorney?
Generally not for the health care document, because a close relative of the principal cannot serve as the witness. You also cannot witness it if you are named as the agent or backup agent.
Can my parent change or cancel a power of attorney?
Yes. Illinois Legal Aid Online notes that the principal can end or change a health care power of attorney at any time, in writing.
Will an assisted living or memory care home ask for these documents?
It is common for homes to ask who holds decision-making authority and to request copies for your parent’s file. Ask about it during your tour, along with the other questions in our guide to signing an assisted living contract in Illinois.
Planning ahead for a parent’s care? Shepherd Premier provides assisted living and memory care in small, residential homes in Dixon, Sterling, Oregon and Harvard, Illinois. Call or text (847) 961-2551, schedule a private tour or care conversation, or start with our care assessment.
This article is general information and is not legal or medical advice. Shepherd Premier is not a law firm. Laws and forms change; consult an Illinois attorney or legal aid organization about your family’s situation.
Sources
- Illinois Power of Attorney Act, 755 ILCS 45
- Illinois Legal Aid Online: How to set up a Power of Attorney for Health Care
- Illinois Legal Aid Online: Power of attorney for health care FAQ
- Illinois Legal Aid Online: How to set up a power of attorney for property
- Illinois Department of Public Health: POLST Guidance for Individuals