Public Act 100-0952
 
HB4879 EnrolledLRB100 18307 JLS 33512 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Power of Attorney Act is amended  by 
changing Section 2-7 as follows:
 


    (755 ILCS 45/2-7)  (from Ch. 110 1/2, par. 802-7)




    Sec. 2-7. Duty - standard of care - record-keeping - 
exoneration. 
    (a) The agent shall be under
no duty to exercise the powers 
granted by the agency or to assume control
of or responsibility 
for any of the principal's property, care or affairs,

regardless of the principal's physical or mental condition.  
Whenever a
power is exercised, the agent shall act in good 
faith for the benefit of
the principal using due care, 
competence, and diligence in accordance with the terms of the 
agency and shall be
liable for negligent exercise.  An agent who 
acts with due care for the
benefit of the principal shall not 
be liable or limited merely because the
agent also benefits 
from the act, has individual or conflicting interests
in 
relation to the property, care or affairs of the principal or 
acts in a
different manner with respect to the agency and the 
agent's individual
interests.
The agent shall not be
affected 
by any amendment or termination
of the agency until the agent 
has actual knowledge thereof.  The agent
shall not be liable for 
any loss due to error of judgment nor for the act
or default of 
any other person.

    (b) An agent that has accepted appointment must act in 
accordance with the principal's expectations to the extent 
actually known to the agent and otherwise in the principal's 
best interests.
    (c) An agent shall keep a record of all receipts, 
disbursements, and significant actions taken under the 
authority of the agency and shall provide a copy of this record 
when requested to do so by:
        (1) the principal, a guardian, another fiduciary 
    acting on behalf of the principal, and, after the death of 
    the principal, the personal representative or successors 
    in interest of the principal's estate;
        (2) a representative of a provider agency, as defined 
    in Section 2 of the Adult Protective Services Act, acting 
    in the course of an assessment of a complaint of elder 
    abuse or neglect under that Act;
        (3)  a representative of the Office of the State Long 
    Term Care Ombudsman, acting in the course of an 
    investigation of a complaint of financial exploitation of a 
    nursing home resident under Section 4.04 of the Illinois 
    Act on the Aging;
        (4) a representative of the Office of Inspector General 
    for the Department of Human Services, acting in the course 
    of an assessment of a complaint of financial exploitation 
    of an adult with disabilities pursuant to Section 35 of the 
    Abuse of Adults with Disabilities Intervention Act;
        (5) a court under Section 2-10 of this Act; or
        (6) a representative of the Office of State Guardian or 
    public guardian for the county in which the principal 
    resides acting in the course of investigating whether to 
    file a petition for guardianship of the principal under 
    Section 11a-4 or 11a-8 of the Probate Act of 1975. 
    (d) If the agent fails to provide his or her record of all 
receipts, disbursements, and significant actions within 21 
days after a request under subsection  (c), the adult abuse 
provider agency, the State Guardian, the public guardian, or a 
representative of the Office of the State Long Term Care 
Ombudsman may petition the court for an order requiring the 
agent to produce his or her record of receipts, disbursements, 
and significant actions. If the court finds that the agent's 
failure to provide his or her record in a timely manner to the 
adult abuse provider agency, the State Guardian, the public 
guardian,  or a representative of the Office of the State Long 
Term Care Ombudsman was without good cause, the court may 
assess reasonable costs and attorney's fees against the agent, 
and order such other relief as is appropriate.
    (e) An agent is not required to disclose receipts, 
disbursements, or other significant actions conducted on 
behalf of the principal except as otherwise provided in the 
power of attorney or as required under subsection (c). 
    (f) An agent that violates this Act is liable to the 
principal or the principal's successors in interest for the 
amount required (i) to restore the value of the principal's 
property to what it would have been had the violation not 
occurred, and (ii) to reimburse the principal or the 
principal's successors in interest for the attorney's fees and 
costs paid on the agent's behalf. This subsection does not 
limit any other applicable legal or equitable remedies. 
(Source: P.A. 98-49, eff. 7-1-13; 98-562, eff. 8-27-13; 98-756, 
eff. 7-16-14.)