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| | HB4879 Engrossed | | LRB100 18307 JLS 33512 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Power of Attorney Act is amended by |
| 5 | | changing Section 2-7 as follows:
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| 6 | | (755 ILCS 45/2-7) (from Ch. 110 1/2, par. 802-7)
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| 7 | | Sec. 2-7. Duty - standard of care - record-keeping - |
| 8 | | exoneration. |
| 9 | | (a) The agent shall be under
no duty to exercise the powers |
| 10 | | granted by the agency or to assume control
of or responsibility |
| 11 | | for any of the principal's property, care or affairs,
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| 12 | | regardless of the principal's physical or mental condition. |
| 13 | | Whenever a
power is exercised, the agent shall act in good |
| 14 | | faith for the benefit of
the principal using due care, |
| 15 | | competence, and diligence in accordance with the terms of the |
| 16 | | agency and shall be
liable for negligent exercise. An agent who |
| 17 | | acts with due care for the
benefit of the principal shall not |
| 18 | | be liable or limited merely because the
agent also benefits |
| 19 | | from the act, has individual or conflicting interests
in |
| 20 | | relation to the property, care or affairs of the principal or |
| 21 | | acts in a
different manner with respect to the agency and the |
| 22 | | agent's individual
interests.
The agent shall not be
affected |
| 23 | | by any amendment or termination
of the agency until the agent |
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| 1 | | has actual knowledge thereof. The agent
shall not be liable for |
| 2 | | any loss due to error of judgment nor for the act
or default of |
| 3 | | any other person.
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| 4 | | (b) An agent that has accepted appointment must act in |
| 5 | | accordance with the principal's expectations to the extent |
| 6 | | actually known to the agent and otherwise in the principal's |
| 7 | | best interests. |
| 8 | | (c) An agent shall keep a record of all receipts, |
| 9 | | disbursements, and significant actions taken under the |
| 10 | | authority of the agency and shall provide a copy of this record |
| 11 | | when requested to do so by: |
| 12 | | (1) the principal, a guardian, another fiduciary |
| 13 | | acting on behalf of the principal, and, after the death of |
| 14 | | the principal, the personal representative or successors |
| 15 | | in interest of the principal's estate; |
| 16 | | (2) a representative of a provider agency, as defined |
| 17 | | in Section 2 of the Adult Protective Services Act, acting |
| 18 | | in the course of an assessment of a complaint of elder |
| 19 | | abuse or neglect under that Act; |
| 20 | | (3) a representative of the Office of the State Long |
| 21 | | Term Care Ombudsman, acting in the course of an |
| 22 | | investigation of a complaint of financial exploitation of a |
| 23 | | nursing home resident under Section 4.04 of the Illinois |
| 24 | | Act on the Aging; |
| 25 | | (4) a representative of the Office of Inspector General |
| 26 | | for the Department of Human Services, acting in the course |
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| 1 | | of an assessment of a complaint of financial exploitation |
| 2 | | of an adult with disabilities pursuant to Section 35 of the |
| 3 | | Abuse of Adults with Disabilities Intervention Act; |
| 4 | | (5) a court under Section 2-10 of this Act; or |
| 5 | | (6) a representative of the Office of State Guardian or |
| 6 | | public guardian for the county in which the principal |
| 7 | | resides acting in the course of investigating whether to |
| 8 | | file a petition for guardianship of the principal under |
| 9 | | Section 11a-4 or 11a-8 of the Probate Act of 1975. |
| 10 | | (d) If the agent fails to provide his or her record of all |
| 11 | | receipts, disbursements, and significant actions within 21 |
| 12 | | days after a request under subsection (c), the adult abuse |
| 13 | | provider agency, the State Guardian, the public guardian, or a |
| 14 | | representative of the Office of the State Long Term Care |
| 15 | | Ombudsman may petition the court for an order requiring the |
| 16 | | agent to produce his or her record of receipts, disbursements, |
| 17 | | and significant actions. If the court finds that the agent's |
| 18 | | failure to provide his or her record in a timely manner to the |
| 19 | | adult abuse provider agency, the State Guardian, the public |
| 20 | | guardian, or a representative of the Office of the State Long |
| 21 | | Term Care Ombudsman was without good cause, the court may |
| 22 | | assess reasonable costs and attorney's fees against the agent, |
| 23 | | and order such other relief as is appropriate. |
| 24 | | (e) An agent is not required to disclose receipts, |
| 25 | | disbursements, or other significant actions conducted on |
| 26 | | behalf of the principal except as otherwise provided in the |
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| 1 | | power of attorney or as required under subsection (c). |
| 2 | | (f) An agent that violates this Act is liable to the |
| 3 | | principal or the principal's successors in interest for the |
| 4 | | amount required (i) to restore the value of the principal's |
| 5 | | property to what it would have been had the violation not |
| 6 | | occurred, and (ii) to reimburse the principal or the |
| 7 | | principal's successors in interest for the attorney's fees and |
| 8 | | costs paid on the agent's behalf. This subsection does not |
| 9 | | limit any other applicable legal or equitable remedies. |
| 10 | | (Source: P.A. 98-49, eff. 7-1-13; 98-562, eff. 8-27-13; 98-756, |
| 11 | | eff. 7-16-14.)
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