Sen. Ann Gillespie

Filed: 3/1/2024

 

 


 

 


 
10300SB3421sam002LRB103 37783 JRC 70210 a

1
AMENDMENT TO SENATE BILL 3421

2    AMENDMENT NO. ______. Amend Senate Bill 3421 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Power of Attorney Act is amended
5by changing Section 2-8 as follows:
 
6    (755 ILCS 45/2-8)  (from Ch. 110 1/2, par. 802-8)
7    Sec. 2-8. Reliance on document purporting to establish an
8agency.
9    (a) Any person who acts in good faith reliance on a copy of
10a document purporting to establish an agency will be fully
11protected and released to the same extent as though the
12reliant had dealt directly with the named principal as a
13fully-competent person. The named agent shall furnish an
14affidavit or Agent's Certification and Acceptance of Authority
15to the reliant on demand stating that the instrument relied on
16is a true copy of the agency and that, to the best of the named

 

 

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1agent's knowledge, the named principal is alive and the
2relevant powers of the named agent have not been altered or
3terminated; but good faith reliance on a document purporting
4to establish an agency will protect the reliant without the
5affidavit or Agent's Certification and Acceptance of
6Authority.
7    (b) Upon request, the named agent in a power of attorney
8shall furnish an Agent's Certification and Acceptance of
9Authority 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
12attached is a true copy of a power of attorney naming the
13undersigned as agent or successor agent for .............
14(insert name of principal).
15    I certify that to the best of my knowledge the principal
16had the capacity to execute the power of attorney, is alive,
17and has not revoked the power of attorney; that my powers as
18agent have not been altered or terminated; and that the power
19of attorney remains in full force and effect.
20    I accept appointment as agent under this power of
21attorney.
22    This certification and acceptance is made under penalty of
23perjury.*
24    Dated: ............

 

 

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1
.......................
2
(Agent's Signature)
3
.......................
4
(Print Agent's Name)
5
.......................
6
(Agent's Address)
7    *(NOTE: Perjury is defined in Section 32-2 of the Criminal
8Code of 2012, and is a Class 3 felony.)
 
9    (c) Any person dealing with an agent named in a copy of a
10document purporting to establish an agency may presume, in the
11absence of actual knowledge to the contrary, that the document
12purporting to establish the agency was validly executed, that
13the agency was validly established, that the named principal
14was competent at the time of execution, and that, at the time
15of reliance, the named principal is alive, the agency was
16validly established and has not terminated or been amended,
17the relevant powers of the named agent were properly and
18validly granted and have not terminated or been amended, and
19the acts of the named agent conform to the standards of this
20Act. No person relying on a copy of a document purporting to
21establish an agency shall be required to see to the
22application of any property delivered to or controlled by the
23named agent or to question the authority of the named agent.
24    (d) Each person to whom a direction by the named agent in
25accordance with the terms of the copy of the document

 

 

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1purporting to establish an agency is communicated shall comply
2with that direction, and any person who fails to comply
3arbitrarily or without reasonable cause shall be subject to
4civil liability for any damages resulting from noncompliance.
5A health care provider who complies with Section 4-7 shall not
6be deemed to have acted arbitrarily or without reasonable
7cause.
8    (e) Unreasonable cause to refuse to honor. It shall be
9deemed unreasonable for a third party to refuse to honor an
10Illinois statutory short form power of attorney for property
11properly executed in accordance with the laws in effect at the
12time of its execution, if the only reason for the refusal is
13any of or more than one of the following: (1) the power of
14attorney is not on a form the third party receiving such power
15prescribes, regardless of any form the terms of any account
16agreement between the principal and third party requires; (2)
17there has been a lapse of time since the execution of the power
18of attorney; (3) on the face of the statutory short form power
19of attorney, there is a lapse of time between the date of
20acknowledgment of the signature of the principal and the date
21of the acceptance by the agent; (4) the document provided does
22not bear an original signature, original witness, or original
23notarization but is accompanied by a properly executed Agent's
24Certification and Acceptance of Authority, Successor Agent's
25Certification and Acceptance of Authority, or Co-Agent's
26Certification and Acceptance of Authority bearing the original

 

 

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1signature of the named agent; or (5) the document appoints an
2entity as the agent. Nothing in this Section shall be
3interpreted as prohibiting or limiting a third party from
4requiring the named agent to furnish a properly executed
5Agent's Certification and Acceptance of Authority, Successor
6Agent's Certification and Acceptance of Authority, or
7Co-Agent's Certification and Acceptance of Authority under
8this Act.
9    (f) Reasonable cause to refuse to honor. Reasons for which
10it shall be deemed reasonable cause for a third party to refuse
11to honor a power of attorney for property include, but are not
12limited 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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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.)".