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Public Act 100-0952
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| HB4879 Enrolled | LRB100 18307 JLS 33512 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Power of Attorney Act is amended by |
changing Section 2-7 as follows:
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(755 ILCS 45/2-7) (from Ch. 110 1/2, par. 802-7)
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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,
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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 |
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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.
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(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 |
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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 |
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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.)
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