Instructions to Custodian of Power of Attorney (IL)

A custodian is a person you appoint who will hold your power of attorney document if you don't want to give it to your attorney-in-fact/agent right away, or if you are concerned about their ability to access it if you hold on to it yourself. Your custodian will hold the document on your behalf, and when it comes time for your attorney-in-fact/agent to act, your custodian will release the documents to them so that they can serve.

This is often done as a protective measure when a power of attorney gives your attorney-in-fact/agent "immediate" power over your affairs. This means that the power of attorney comes into effect immediately when you sign it, not just upon your incapacity. This is often a preferable arrangement because it can often take time to determine incapacity which can cause delays during which time your agent is unable to act on your behalf.

The custodian you appoint will be granted broad powers under this form. It is important that you choose a person whose judgment you trust and also that you check with them to see if they are willing to act in this capacity.