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Public Act 094-0500
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| HB2341 Enrolled |
LRB094 03886 RXD 33897 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 2-7.5 as follows:
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(755 ILCS 45/2-7.5)
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Sec. 2-7.5. Incapacitated principal.
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(a) This Section shall apply only to an agent acting for
a |
principal who is incapacitated. A principal shall be
considered |
incapacitated if that individual is under a
legal disability as |
defined in Section 11a-2 of the Probate
Act of 1975. A |
principal shall also be considered
incapacitated if:
(i) a |
physician licensed to practice medicine in all its
branches has |
examined the principal and has determined that
the principal |
lacks decision making capacity; and (ii) that
physician
has |
made a written record
of this determination and has signed the |
written record
within 90 days after the examination; and (iii) |
the written
record has been delivered to the agent. The agent |
may rely
conclusively on that written record.
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(b) An agent shall provide a record of all receipts,
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disbursements, and significant actions taken under the
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authority of the agency when requested to do so: (i) by a
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representative of a provider agency, as defined in Section
2 of |
the Elder Abuse and Neglect Act, acting in the course
of an |
assessment of a complaint of elder abuse or neglect
under that |
Act; or (ii) by 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; or (iii) by a representative of the Office of |
Inspector General for the Department of Human Services acting |
in the course of an assessment of a complaint of financial |