Senate Sponsors: SILVERSTEIN. House Sponsors: LANG Short description: PWR ATTY-CAPACITY OF PRINCIPAL Synopsis of Bill as introduced: Amends the Illinois Power of Attorney Act. Adds a new Section which defines "incapacitated principal" and requires that an agent provide a record of all receipts, disbursements, and significant actions taken under authority of the agency to certain State officials and to other persons according to a prioritized list. Revises the statutory short form power of attorney for property to require an additional witness. Effective immediately. SENATE AMENDMENT NO. 1 Deletes a provision that requires an agent to provide a record of receipts, disbursements, and significant actions taken to certain requesters according to a prioritized list, and deletes related pro- visions. Adds a statement to the short form power of attorney that explains when the requirement of an additional witness applies. SENATE AMENDMENT NO. 2. Changes one of the criteria for determining whether a principal is considered incapacitated, as an alternative to that principal's being under a legal disability under the Probate Act of 1975, by requiring that the principal lack decision making capacity (instead of requiring that the principal be unable to give prompt and intelligent consideration to financial affairs). Provides a cause of action for an agent who is required to provide records of receipts, disbursements, and significant actions taken under the authority of an agency and the disclosure produces no evidence of wrongdoing. Requires the agent to name as defendant the person who reported a suspicion of wrongdoing to an agency designated to receive such reports or the agency itself. Entitles the agent to reasonable attorney fees and costs as determined by the circuit court in its discretion. HOUSE AMENDMENT NO. 1. Deletes a provision that permits an agent to bring a civil action to recover costs incurred if a disclosure of records is required and no evidence of wrongdoing is discovered. FISCAL NOTE, H-AM 1 (Department on Aging) The Department would not incur any additional costs for this legislation. FISCAL NOTE (Office of the Attorney General) Other than the burden of representing the agency as to alle- gations of wrongfully requesting certain records from an agent of a disabled person, there is no burden on the A.G.'s Office. Last action on Bill: PUBLIC ACT.............................. 91-0790 Last action date: 00-06-09 Location: Senate Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 2 END OF INQUIRY Full Text Bill Status