Legal Question in Wills and Trusts in Illinois

You can choose whoever you wish. The agent under power of attorney does not have to be a spouse.

In addition to what Gregory states above, you don't have to choose the same person for both powers of attorney -- i.e. you can choose one person for healthcare, and someone else to handle financial matters.

While you can choose whoever you wish, you may also want to consider whether your choice will cause (potentially undue) family strife if you become disabled. In general, spouses assume that they will take over in the event of their spouse's disability. Of course, this depends on the situation. If you're separated from your spouse and pursuing a divorce, it makes perfect sense to choose someone other than your spouse. If you have a good relationship with your spouse but you worry about your spouse's ability to make decisions, you may want to discuss this with your spouse before signing anything. Feel free to call me if you'd like to discuss this a bit further. I won't charge for the phone call.