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We would like to adopt a Certification of Authority form to use when customers present a Power of Attorney form, as well as a Revocation form to ensure that there are no other powers of attorney in effect at the time. Can you review and approve our proposed forms? – IBA Compliance Connection

We would like to adopt a Certification of Authority form to use when customers present a Power of Attorney form, as well as a Revocation form to ensure that there are no other powers of attorney in effect at the time. Can you review and approve our proposed forms?

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We are not able to provide any legal advice or approve your institution’s forms, but we can provide guidance on the existing statutory forms and requirements in the Illinois Power of Attorney Act. Your “Certification and Acceptance of Authority” forms appear to match the statutory form in the Act, 755 ILCS 45/2-8. However, the Act does not include a statutory revocation form. We also note that it may not always be necessary to use a revocation form — the statutory Power of Attorney form automatically revokes “all prior powers of attorney” to which the Act applies. 755 ILCS 45/3-3(d). When reviewing your revocation form, we recommend reviewing the provisions governing revocations, which permit revocations to be made “in any manner communicated to the agent or to any other person . . . .” 755 ILCS 45/2-5.