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1 | | agent's knowledge, the named principal is alive and the |
2 | | relevant powers of the named agent have not been altered or |
3 | | terminated; but good faith reliance on a document purporting |
4 | | to establish an agency will protect the reliant without the |
5 | | affidavit or Agent's Certification and Acceptance of |
6 | | Authority. |
7 | | (b) Upon request, the named agent in a power of attorney |
8 | | shall furnish an Agent's Certification and Acceptance of |
9 | | Authority to the reliant in substantially the following form: |
10 | | AGENT'S CERTIFICATION AND ACCEPTANCE OF AUTHORITY |
11 | | I, .......... (insert name of agent), certify that the |
12 | | attached is a true copy of a power of attorney naming the |
13 | | undersigned as agent or successor agent for ............. |
14 | | (insert name of principal). |
15 | | I certify that to the best of my knowledge the principal |
16 | | had the capacity to execute the power of attorney, is alive, |
17 | | and has not revoked the power of attorney; that my powers as |
18 | | agent have not been altered or terminated; and that the power |
19 | | of attorney remains in full force and effect. |
20 | | I accept appointment as agent under this power of |
21 | | attorney. |
22 | | This certification and acceptance is made under penalty of |
23 | | perjury.* |
24 | | Dated: ............ |
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| | 10300SB3421sam002 | - 3 - | LRB103 37783 JRC 70210 a |
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1 | | .......................
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2 | | (Agent's Signature)
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3 | | .......................
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4 | | (Print Agent's Name)
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5 | | .......................
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6 | | (Agent's Address)
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7 | | *(NOTE: Perjury is defined in Section 32-2 of the Criminal |
8 | | Code of 2012, and is a Class 3 felony.) |
9 | | (c) Any person dealing with an agent named in a copy of a |
10 | | document purporting to establish an agency may presume, in the |
11 | | absence of actual knowledge to the contrary, that the document |
12 | | purporting to establish the agency was validly executed, that |
13 | | the agency was validly established, that the named principal |
14 | | was competent at the time of execution, and that, at the time |
15 | | of reliance, the named principal is alive, the agency was |
16 | | validly established and has not terminated or been amended, |
17 | | the relevant powers of the named agent were properly and |
18 | | validly granted and have not terminated or been amended, and |
19 | | the acts of the named agent conform to the standards of this |
20 | | Act. No person relying on a copy of a document purporting to |
21 | | establish an agency shall be required to see to the |
22 | | application of any property delivered to or controlled by the |
23 | | named agent or to question the authority of the named agent. |
24 | | (d) Each person to whom a direction by the named agent in |
25 | | accordance with the terms of the copy of the document |
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1 | | purporting to establish an agency is communicated shall comply |
2 | | with that direction, and any person who fails to comply |
3 | | arbitrarily or without reasonable cause shall be subject to |
4 | | civil liability for any damages resulting from noncompliance. |
5 | | A health care provider who complies with Section 4-7 shall not |
6 | | be deemed to have acted arbitrarily or without reasonable |
7 | | cause. |
8 | | (e) Unreasonable cause to refuse to honor. It shall be |
9 | | deemed unreasonable for a third party to refuse to honor an |
10 | | Illinois statutory short form power of attorney for property |
11 | | properly executed in accordance with the laws in effect at the |
12 | | time of its execution, if the only reason for the refusal is |
13 | | any of or more than one of the following: (1) the power of |
14 | | attorney is not on a form the third party receiving such power |
15 | | prescribes, regardless of any form the terms of any account |
16 | | agreement between the principal and third party requires; (2) |
17 | | there has been a lapse of time since the execution of the power |
18 | | of attorney; (3) on the face of the statutory short form power |
19 | | of attorney, there is a lapse of time between the date of |
20 | | acknowledgment of the signature of the principal and the date |
21 | | of the acceptance by the agent; (4) the document provided does |
22 | | not bear an original signature, original witness, or original |
23 | | notarization but is accompanied by a properly executed Agent's |
24 | | Certification and Acceptance of Authority, Successor Agent's |
25 | | Certification and Acceptance of Authority, or Co-Agent's |
26 | | Certification and Acceptance of Authority bearing the original |
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| | 10300SB3421sam002 | - 5 - | LRB103 37783 JRC 70210 a |
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1 | | signature of the named agent; or (5) the document appoints an |
2 | | entity as the agent. Nothing in this Section shall be |
3 | | interpreted as prohibiting or limiting a third party from |
4 | | requiring the named agent to furnish a properly executed |
5 | | Agent's Certification and Acceptance of Authority, Successor |
6 | | Agent's Certification and Acceptance of Authority, or |
7 | | Co-Agent's Certification and Acceptance of Authority under |
8 | | this Act. |
9 | | (f) Reasonable cause to refuse to honor. Reasons for which |
10 | | it shall be deemed reasonable cause for a third party to refuse |
11 | | to honor a power of attorney for property include, but are not |
12 | | limited to, the following: |
13 | | (1) the refusal by the agent to provide an affidavit |
14 | | or properly executed Agent's Certification and Acceptance |
15 | | of Authority, Successor Agent's Certification and |
16 | | Acceptance of Authority, or Co-Agent's Certification and |
17 | | Acceptance of Authority; |
18 | | (2) the refusal by the agent to provide a copy of the |
19 | | original document that is certified to be valid by an |
20 | | attorney, a court order, or governmental entity; |
21 | | (3) the person's good faith referral of the principal |
22 | | and the agent or a person acting for or with the agent to |
23 | | the local adult protective services unit; |
24 | | (4) actual knowledge or a reasonable basis for |
25 | | believing in the existence of a report having been made by |
26 | | any person to the local adult protective services unit |
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1 | | alleging physical or financial abuse, neglect, |
2 | | exploitation, or abandonment of the principal by the agent |
3 | | or a person acting for the agent; |
4 | | (5) actual knowledge of the principal's death or a |
5 | | reasonable basis for believing the principal has died; |
6 | | (6) actual knowledge of the incapacity of the |
7 | | principal or a reasonable basis for believing the |
8 | | principal is incapacitated if the power of attorney |
9 | | tendered is a nondurable power of attorney; |
10 | | (7) actual knowledge or a reasonable basis for |
11 | | believing that the principal was incapacitated at the time |
12 | | the power of attorney was executed; |
13 | | (8) actual knowledge or a reasonable basis for |
14 | | believing: |
| | (A) the power of attorney was procured through |
15 | | fraud, duress, or undue influence, or (B) the agent is |
16 | | engaged in fraud or abuse of the principal; |
17 | | (9) actual notice of the termination or revocation of |
18 | | the power of attorney or a reasonable basis for believing |
19 | | that the power of attorney has been terminated or revoked; |
20 | | (10) the refusal by a title insurance company to |
21 | | underwrite title insurance for a gift of real property |
22 | | made pursuant to a statutory short form power of attorney |
23 | | that does not contain express instructions or purposes of |
24 | | the principal with respect to gifts in paragraph 3 of the |
25 | | statutory short form power of attorney; |
26 | | (11) the refusal of the principal's attorney to |
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| | 10300SB3421sam002 | - 7 - | LRB103 37783 JRC 70210 a |
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1 | | provide a certificate that the power of attorney is valid; |
2 | | (12) a missing or incorrect signature, an invalid |
3 | | notarization, or an unacceptable power of attorney |
4 | | identification; |
5 | | (13) the third party: (A) has filed a suspicious |
6 | | activity report as described by 31 U.S.C. 5318(g) with |
7 | | respect to the principal or agent; (B) believes in good |
8 | | faith that the principal or agent has a prior criminal |
9 | | history involving financial crimes; or (C) has had a |
10 | | previous, unsatisfactory business relationship with the |
11 | | agent due to or resulting in material loss to the third |
12 | | party, financial mismanagement by the agent, or litigation |
13 | | between the third party and the agent alleging substantial |
14 | | damages; or |
15 | | (14) the third party has reasonable cause to suspect |
16 | | the abuse, abandonment, neglect, or financial exploitation |
17 | | of the principal, if the principal is an eligible adult |
18 | | under the Adult Protective Services Act. |
19 | | (Source: P.A. 96-1195, eff. 7-1-11; 97-1150, eff. 1-25-13.)". |