Illinois Compiled Statutes 755 ILCS 45 Illinois Power of Attorney Act. Section 3-3.6

    (755 ILCS 45/3-3.6)

    Sec. 3-3.6. Limitations on who may witness property powers.

    (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.

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

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Last modified: February 18, 2015