We believe that a properly executed power of attorney document should include the notary’s stamped seal.

The Illinois Power of Attorney Act requires a power of attorney for property to be notarized. The Illinois Notary Public Act requires notaries to affix their stamp's seal whenever they perform a notarial act. We are not aware of any custom or practice in Illinois for a notary to notarize documents without affixing their stamp's seal. If there is such a custom or practice in a localized region in Illinois, it is not compliant with the Notary Public Act.

For resources related to our guidance, please see:

• Illinois Power of Attorney Act, 755 ILCS 45/3-3.6 (“Every property power shall bear the signature of a witness to the signing of the agency and shall be notarized.”)

• Illinois Power of Attorney Act, 755 ILCS 45/3-3(d):

            State of …………           )
                                                  )  SS.
            County of ……….          )     

            The undersigned, a notary public in and for the above county and state, certifies that ………………….., known to me to be the same person whose name is subscribed as principal to the foregoing power of attorney, appeared before me and the witness(es) …………. (and …………..) in person and acknowledged signing and delivering the instrument as the free and voluntary act of the principal, for the uses and purposes therein set forth (, and certified to the correctness of the    signature(s) of the agent(s)). 

           Dated: ………………… 

…………………….Notary Public

            My commission expires ……………..

• Illinois Notary Public Act, 5 ILCS 312/3-101(b) (“At the time of the notarial act, a notary public shall officially sign every notary certificate and affix the rubber stamp seal clearly and legibly using black ink, so that it is capable of photographic reproduction. The illegibility of any of the information required by this Section does not affect the validity of a transaction.”)