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91_SB1567
LRB9111460STcs
1 AN ACT to amend the Illinois Power of Attorney Act by
2 adding Section 2-7.5 and by changing Section 3-3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Power of Attorney Act is amended
6 by adding Section 2-7.5 and changing Section 3-3 as follows:
7 (755 ILCS 45/2-7.5 new)
8 Sec. 2-7.5. Incapacitated principal.
9 (a) This Section shall apply only to an agent acting for
10 a principal who is incapacitated. A principal shall be
11 considered incapacitated if that individual is under a legal
12 disability as defined in Section 11a-2 of the Probate Act of
13 1975. A principal shall also be considered incapacitated if:
14 (i) a physician has examined the principal and has determined
15 that the principal is unable to give prompt and intelligent
16 consideration to financial affairs; and (ii) that physician
17 has made a written record of this determination and has
18 signed the written record within 90 days after the
19 examination; and (iii) the written record has been delivered
20 to the agent. The agent may rely conclusively on that written
21 record.
22 (b) An agent shall provide a record of all receipts,
23 disbursements, and significant actions taken under the
24 authority of the agency when requested to do so: (i) by a
25 representative of a provider agency, as defined in Section 2
26 of the Elder Abuse and Neglect Act, acting in the course of
27 an assessment of a complaint of elder abuse or neglect under
28 that Act; or (ii) by a representative of the Office of the
29 State Long Term Care Ombudsman acting in the course of an
30 investigation of a complaint of financial exploitation of a
31 nursing home resident under Section 4.04 of the Illinois Act
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1 on the Aging.
2 (c) Unless the principal provides otherwise in the
3 agency, an agent shall provide, upon request, a record of all
4 receipts, disbursements, and significant actions taken under
5 the authority of the agency to those persons who so request,
6 other than the agent, in the following order of priority:
7 (1) The guardian of the estate of the principal.
8 (2) The guardian of the person of the principal.
9 (3) The spouse of the principal.
10 (4) Any adult son or daughter of the principal.
11 (5) Either parent of the principal.
12 (6) Any adult brother or sister of the principal.
13 (7) Any adult grandchild of the principal.
14 (d) The agent shall not be required to provide a record
15 of all receipts, disbursements, and significant actions taken
16 under the authority of the agency more than twice in any
17 12-month period.
18 (e) When 2 or more persons on the priority list of
19 subsection (c) who are of the same priority make a single
20 request for a record, each requester shall be entitled to
21 receive from the agent a copy of the requested record of all
22 receipts, disbursements, and significant actions taken under
23 the authority of the agency.
24 (f) When any person on the priority list of subsection
25 (c) is incapacitated as defined in subsection (a), the agent
26 shall provide the record of receipts, disbursements, and
27 significant actions taken under the agency to the next person
28 in priority.
29 (755 ILCS 45/3-3) (from Ch. 110 1/2, par. 803-3)
30 Sec. 3-3. Statutory short form power of attorney for
31 property. The following form may be known as "statutory
32 property power" and may be used to grant an agent powers with
33 respect to property and financial matters. When a power of
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1 attorney in substantially the following form is used,
2 including the "notice" paragraph at the beginning in capital
3 letters and the notarized form of acknowledgment at the end,
4 it shall have the meaning and effect prescribed in this Act.
5 The validity of a power of attorney as meeting the
6 requirements of a statutory property power shall not be
7 affected by the fact that one or more of the categories of
8 optional powers listed in the form are struck out or the form
9 includes specific limitations on or additions to the agent's
10 powers, as permitted by the form. Nothing in this Article
11 shall invalidate or bar use by the principal of any other or
12 different form of power of attorney for property.
13 Nonstatutory property powers must be executed by the
14 principal and designate the agent and the agent's powers, but
15 they need not be acknowledged or conform in any other respect
16 to the statutory property power.
17 "ILLINOIS STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY
18 (NOTICE: THE PURPOSE OF THIS POWER OF ATTORNEY IS TO
19 GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO
20 HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO PLEDGE,
21 SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY
22 WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THIS FORM
23 DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED
24 POWERS; BUT WHEN POWERS ARE EXERCISED, YOUR AGENT WILL HAVE
25 TO USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE
26 WITH THIS FORM AND KEEP A RECORD OF RECEIPTS, DISBURSEMENTS
27 AND SIGNIFICANT ACTIONS TAKEN AS AGENT. A COURT CAN TAKE
28 AWAY THE POWERS OF YOUR AGENT IF IT FINDS THE AGENT IS NOT
29 ACTING PROPERLY. YOU MAY NAME SUCCESSOR AGENTS UNDER THIS
30 FORM BUT NOT CO-AGENTS. UNLESS YOU EXPRESSLY LIMIT THE
31 DURATION OF THIS POWER IN THE MANNER PROVIDED BELOW, UNTIL
32 YOU REVOKE THIS POWER OR A COURT ACTING ON YOUR BEHALF
33 TERMINATES IT, YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE
34 THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME DISABLED.
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1 THE POWERS YOU GIVE YOUR AGENT ARE EXPLAINED MORE FULLY IN
2 SECTION 3-4 OF THE ILLINOIS "STATUTORY SHORT FORM POWER OF
3 ATTORNEY FOR PROPERTY LAW" OF WHICH THIS FORM IS A PART (SEE
4 THE BACK OF THIS FORM). THAT LAW EXPRESSLY PERMITS THE USE
5 OF ANY DIFFERENT FORM OF POWER OF ATTORNEY YOU MAY DESIRE.
6 IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT
7 UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.)
8 POWER OF ATTORNEY made this .... day of ....... (month)
9 ...... (year)
10 1. I, ..............., (insert name and address of
11 principal) hereby appoint:
12 .............................................................
13 (insert name and address of agent)
14 as my attorney-in-fact (my "agent") to act for me and in my
15 name (in any way I could act in person) with respect to the
16 following powers, as defined in Section 3-4 of the "Statutory
17 Short Form Power of Attorney for Property Law" (including all
18 amendments), but subject to any limitations on or additions
19 to the specified powers inserted in paragraph 2 or 3 below:
20 (YOU MUST STRIKE OUT ANY ONE OR MORE OF THE FOLLOWING
21 CATEGORIES OF POWERS YOU DO NOT WANT YOUR AGENT TO HAVE.
22 FAILURE TO STRIKE THE TITLE OF ANY CATEGORY WILL CAUSE THE
23 POWERS DESCRIBED IN THAT CATEGORY TO BE GRANTED TO THE AGENT.
24 TO STRIKE OUT A CATEGORY YOU MUST DRAW A LINE THROUGH THE
25 TITLE OF THAT CATEGORY.)
26 (a) Real estate transactions.
27 (b) Financial institution transactions.
28 (c) Stock and bond transactions.
29 (d) Tangible personal property transactions.
30 (e) Safe deposit box transactions.
31 (f) Insurance and annuity transactions.
32 (g) Retirement plan transactions.
33 (h) Social Security, employment and military service
34 benefits.
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1 (i) Tax matters.
2 (j) Claims and litigation.
3 (k) Commodity and option transactions.
4 (l) Business operations.
5 (m) Borrowing transactions.
6 (n) Estate transactions.
7 (o) All other property powers and transactions.
8 (LIMITATIONS ON AND ADDITIONS TO THE AGENT'S POWERS MAY BE
9 INCLUDED IN THIS POWER OF ATTORNEY IF THEY ARE SPECIFICALLY
10 DESCRIBED BELOW.)
11 2. The powers granted above shall not include the
12 following powers or shall be modified or limited in the
13 following particulars (here you may include any specific
14 limitations you deem appropriate, such as a prohibition or
15 conditions on the sale of particular stock or real estate or
16 special rules on borrowing by the agent):
17 .............................................................
18 .............................................................
19 .............................................................
20 .............................................................
21 .............................................................
22 3. In addition to the powers granted above, I grant my
23 agent the following powers (here you may add any other
24 delegable powers including, without limitation, power to make
25 gifts, exercise powers of appointment, name or change
26 beneficiaries or joint tenants or revoke or amend any trust
27 specifically referred to below):
28 .............................................................
29 .............................................................
30 .............................................................
31 .............................................................
32 .............................................................
33 (YOUR AGENT WILL HAVE AUTHORITY TO EMPLOY OTHER PERSONS AS
34 NECESSARY TO ENABLE THE AGENT TO PROPERLY EXERCISE THE POWERS
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1 GRANTED IN THIS FORM, BUT YOUR AGENT WILL HAVE TO MAKE ALL
2 DISCRETIONARY DECISIONS. IF YOU WANT TO GIVE YOUR AGENT THE
3 RIGHT TO DELEGATE DISCRETIONARY DECISION-MAKING POWERS TO
4 OTHERS, YOU SHOULD KEEP THE NEXT SENTENCE, OTHERWISE IT
5 SHOULD BE STRUCK OUT.)
6 4. My agent shall have the right by written instrument
7 to delegate any or all of the foregoing powers involving
8 discretionary decision-making to any person or persons whom
9 my agent may select, but such delegation may be amended or
10 revoked by any agent (including any successor) named by me
11 who is acting under this power of attorney at the time of
12 reference.
13 (YOUR AGENT WILL BE ENTITLED TO REIMBURSEMENT FOR ALL
14 REASONABLE EXPENSES INCURRED IN ACTING UNDER THIS POWER OF
15 ATTORNEY. STRIKE OUT THE NEXT SENTENCE IF YOU DO NOT WANT
16 YOUR AGENT TO ALSO BE ENTITLED TO REASONABLE COMPENSATION FOR
17 SERVICES AS AGENT.)
18 5. My agent shall be entitled to reasonable compensation
19 for services rendered as agent under this power of attorney.
20 (THIS POWER OF ATTORNEY MAY BE AMENDED OR REVOKED BY YOU AT
21 ANY TIME AND IN ANY MANNER. ABSENT AMENDMENT OR REVOCATION,
22 THE AUTHORITY GRANTED IN THIS POWER OF ATTORNEY WILL BECOME
23 EFFECTIVE AT THE TIME THIS POWER IS SIGNED AND WILL CONTINUE
24 UNTIL YOUR DEATH UNLESS A LIMITATION ON THE BEGINNING DATE OR
25 DURATION IS MADE BY INITIALING AND COMPLETING EITHER (OR
26 BOTH) OF THE FOLLOWING:)
27 6. ( ) This power of attorney shall become effective on
28 .............................................................
29 (insert a future date or event during your lifetime, such as
30 court determination of your disability, when you want this
31 power to first take effect)
32 7. ( ) This power of attorney shall terminate on
33 .............................................................
34 (insert a future date or event, such as court determination
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1 of your disability, when you want this power to terminate
2 prior to your death)
3 (IF YOU WISH TO NAME SUCCESSOR AGENTS, INSERT THE NAME(S) AND
4 ADDRESS(ES) OF SUCH SUCCESSOR(S) IN THE FOLLOWING PARAGRAPH.)
5 8. If any agent named by me shall die, become
6 incompetent, resign or refuse to accept the office of agent,
7 I name the following (each to act alone and successively, in
8 the order named) as successor(s) to such agent:
9 .............................................................
10 .............................................................
11 For purposes of this paragraph 8, a person shall be
12 considered to be incompetent if and while the person is a
13 minor or an adjudicated incompetent or disabled person or the
14 person is unable to give prompt and intelligent consideration
15 to business matters, as certified by a licensed physician.
16 (IF YOU WISH TO NAME YOUR AGENT AS GUARDIAN OF YOUR ESTATE,
17 IN THE EVENT A COURT DECIDES THAT ONE SHOULD BE APPOINTED,
18 YOU MAY, BUT ARE NOT REQUIRED TO, DO SO BY RETAINING THE
19 FOLLOWING PARAGRAPH. THE COURT WILL APPOINT YOUR AGENT IF
20 THE COURT FINDS THAT SUCH APPOINTMENT WILL SERVE YOUR BEST
21 INTERESTS AND WELFARE. STRIKE OUT PARAGRAPH 9 IF YOU DO NOT
22 WANT YOUR AGENT TO ACT AS GUARDIAN.)
23 9. If a guardian of my estate (my property) is to be
24 appointed, I nominate the agent acting under this power of
25 attorney as such guardian, to serve without bond or security.
26 10. I am fully informed as to all the contents of this
27 form and understand the full import of this grant of powers
28 to my agent.
29 Signed ..................................................
30 (principal)
31 (YOU MAY, BUT ARE NOT REQUIRED TO, REQUEST YOUR AGENT AND
32 SUCCESSOR AGENTS TO PROVIDE SPECIMEN SIGNATURES BELOW. IF
33 YOU INCLUDE SPECIMEN SIGNATURES IN THIS POWER OF ATTORNEY,
34 YOU MUST COMPLETE THE CERTIFICATION OPPOSITE THE SIGNATURES
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1 OF THE AGENTS.)
2 Specimen signatures of I certify that the signatures
3 agent (and successors) of my agent (and successors)
4 are correct.
5 .......................... .............................
6 (agent) (principal)
7 .......................... .............................
8 (successor agent) (principal)
9 .......................... .............................
10 (successor agent) (principal)
11 (THIS POWER OF ATTORNEY WILL NOT BE EFFECTIVE UNLESS IT IS
12 NOTARIZED AND SIGNED BY AT LEAST ONE ADDITIONAL WITNESS,
13 USING THE FORM BELOW.)
14 State of ............)
15 ) SS.
16 County of ...........)
17 The undersigned, a notary public in and for the above
18 county and state, certifies that .......................,
19 known to me to be the same person whose name is subscribed as
20 principal to the foregoing power of attorney, appeared before
21 me and the additional witness in person and acknowledged
22 signing and delivering the instrument as the free and
23 voluntary act of the principal, for the uses and purposes
24 therein set forth (, and certified to the correctness of the
25 signature(s) of the agent(s)).
26 Dated: ................ (SEAL)
27 ..............................
28 Notary Public
29 My commission expires .................
30 The undersigned witness certifies that ................,
31 known to me to be the same person whose name is subscribed as
32 principal to the foregoing power of attorney, appeared before
33 me and the notary public and acknowledged signing and
34 delivering the instrument as the free and voluntary act of
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1 the principal, for the uses and purposes therein set forth.
2 I believe him or her to be of sound mind and memory.
3 Dated: ................ (SEAL)
4 ..............................
5 Witness
6 (THE NAME AND ADDRESS OF THE PERSON PREPARING THIS FORM
7 SHOULD BE INSERTED IF THE AGENT WILL HAVE POWER TO CONVEY ANY
8 INTEREST IN REAL ESTATE.)
9 This document was prepared by:
10 .............................................................
11 ............................................................"
12 (Source: P.A. 86-736.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.