A customer delivered an Illinois Short Form Power of Attorney for Property (POA) to our bank that does not provide a date in section 6 of the POA, which reads: “This power of attorney shall become effective on . . . .” The space where a date can be inserted has been left blank. Does this mean that the POA is effective immediately?

Yes, an Illinois Short Form Power of Attorney for Property (POA) becomes effective as of the date it is signed unless the principal alters the effective date by initialing section 6 and inserting a future date or event on which the POA will take effect.

Assuming the POA is properly signed and notarized, your bank should treat the POA as effective on the date it was signed because section 6 was left blank.

For resources related to our guidance, please see:

  • Illinois Power of Attorney Act, 755 ILCS 45/3-3(d) (“5. My agent shall be entitled to reasonable compensation for services rendered as agent under this power of attorney. (NOTE: This power of attorney may be amended or revoked by you at any time and in any manner. Absent amendment or revocation, the authority granted in this power of attorney will become effective at the time this power is signed and will continue until your death, unless a limitation on the beginning date or duration is made by initialing and completing one or both of paragraphs 6 and 7: . . .”)
  • Illinois Power of Attorney Act, 755 ILCS 45/3-3(d) (“6. This power of attorney shall become effective on . . . (NOTE: Insert a future date or event during your lifetime, such as a court determination of your disability or a written determination by your physician that you are incapacitated, when you want this power to first take effect.)”)
  • Illinois Power of Attorney Act, 755 ILCS 45/3-3(d) (“11. . . . (NOTE: This power of attorney will not be effective unless it is signed by at least one witness and your signature is notarized, using the form below. The notary may not also sign as a witness.)”)