94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2601


 
Introduced 1/20/2006, by Sen. William R. Haine - M. Maggie Crotty
 
SYNOPSIS AS INTRODUCED:
 		














755 ILCS 45/2-7.5









    Amends the Power of Attorney Act. Provides that in the event that a principal of a power of attorney is incapacitated and the agent fails, within 21 days after a request, to provide records of receipts, disbursements, and significant actions to an elder abuse provider agency, the State Long Term Care Ombudsman, or the Inspector General of the Department of Human Services, the agency or the Ombudsman may petition the court to compel the production of the documents. Provides that failure to produce the records without good cause may subject the agent to a court order for costs, attorney's fees, and other relief. Effective immediately.
















LRB094 16176 AJO 51419 b

















 


 


A BILL FOR









 











SB2601

LRB094 16176 AJO 51419 b






1
    AN ACT concerning civil law.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Illinois Power of Attorney Act is amended  by 
5
changing Section 2-7.5 as follows:
 



6
    (755 ILCS 45/2-7.5)



7
    Sec. 2-7.5. Incapacitated principal. 

8
    (a) This Section shall apply only to an agent acting for
a 
9
principal who is incapacitated. A principal shall be
considered 
10
incapacitated if that individual is under a
legal disability as 
11
defined in Section 11a-2 of the Probate
Act of 1975.  A 
12
principal shall also be considered
incapacitated if:
(i) a 
13
physician licensed to practice medicine in all its
branches has 
14
examined the principal and has determined that
the principal 
15
lacks decision making capacity; and (ii) that
physician
has 
16
made a written record
of this determination and has signed the 
17
written record
within 90 days after the examination; and (iii) 
18
the written
record has been delivered to the agent. The agent 
19
may rely
conclusively on that written record.

20
    (b) An agent shall provide a record of all receipts,

21
disbursements, and significant actions taken under the

22
authority of the agency when requested to do so: (i) by a

23
representative of a provider agency, as defined in Section
2 of 
24
the Elder Abuse and Neglect Act, acting in the course
of an 
25
assessment of a complaint of elder abuse or neglect
under that 
26
Act; (ii) by a representative of the Office
of the State Long 
27
Term Care Ombudsman acting in the course
of an investigation of 
28
a complaint of financial
exploitation of a nursing home 
29
resident under Section 4.04
of the Illinois Act on the Aging; 
30
or (iii) by a representative of the Office of Inspector General 
31
for the Department of Human Services acting in the course of an 
32
assessment of a complaint of financial exploitation of an adult 
 


 






SB2601
- 2 -
LRB094 16176 AJO 51419 b




1
with disabilities pursuant to Section 35 of the Abuse of Adults 
2
with Disabilities Intervention Act.

3
    (c) If the agent fails to provide his or her record of all 
4
receipts, disbursements, and significant actions within 21 
5
days after a request under paragraph (b), the elder abuse 
6
provider agency or the State Long Term Care Ombudsman may 
7
petition the court for an order requiring the agent to produce 
8
his or her record of receipts, disbursements, and significant 
9
actions. If the court finds that the agent's failure to provide 
10
his or her record in a timely manner to the elder abuse 
11
provider agency or the State Long Term Care Ombudsman was 
12
without good cause, the court may assess reasonable costs and 
13
attorney's fees against the agent, and order such other relief 
14
as is appropriate.

15
(Source: P.A. 94-500, eff. 8-8-05.)

 

16
    Section 99. Effective date. This Act takes effect upon 
17
becoming law.