SB2601 Engrossed

LRB094 16176 AJO 51419 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 
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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 
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principal who is incapacitated. A principal shall be
considered 
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incapacitated if that individual is under a
legal disability as 
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defined in Section 11a-2 of the Probate
Act of 1975.  A 
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principal shall also be considered
incapacitated if:
(i) a 
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physician licensed to practice medicine in all its
branches has 
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examined the principal and has determined that
the principal 
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lacks decision making capacity; and (ii) that
physician
has 
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made a written record
of this determination and has signed the 
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written record
within 90 days after the examination; and (iii) 
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the written
record has been delivered to the agent. The agent 
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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 
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the Elder Abuse and Neglect Act, acting in the course
of an 
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assessment of a complaint of elder abuse or neglect
under that 
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Act; (ii) by a representative of the Office
of the State Long 
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Term Care Ombudsman acting in the course
of an investigation of 
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a complaint of financial
exploitation of a nursing home 
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resident under Section 4.04
of the Illinois Act on the Aging; 
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or (iii) by a representative of the Office of Inspector General 
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for the Department of Human Services acting in the course of an 
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assessment of a complaint of financial exploitation of an adult 
 


 






SB2601 Engrossed
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LRB094 16176 AJO 51419 b




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

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

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

 

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