Legal Question in Wills and Trusts in Illinois
In Illinois, does a POA have to be filed with the court? Also, if a POA is notarized by an attorney, is the attorney required to keep a signed copy?
2 Answers from Attorneys
1. No, not filed with the court (unless, I suppose, legal proceedings are initiated).
2. Attorney required to keep copy? No. Good idea to do so? Yes.
I agree with Attorney Gottlieb. A power of attorney is not, as such, filed with any court for validation or any similar purpose. Should there be a court proceeding involving the power of attorney, then it may become part of that court file, probably as an exhibit to the Complaint, a Motion or another document.
I would expect that most attorneys would elect to keep a signed copy, but it is possible that some would keep only a blank or a copy that indicates the names of the signors (grantor, witnesses, notary) as applicable.