103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1475

 

Introduced 2/7/2023, by Sen. Ann Gillespie

 

SYNOPSIS AS INTRODUCED:
 
755 ILCS 45/2-3  from Ch. 110 1/2, par. 802-3
755 ILCS 45/2-8  from Ch. 110 1/2, par. 802-8
755 ILCS 45/2-10.3
755 ILCS 45/3-3  from Ch. 110 1/2, par. 803-3
815 ILCS 505/2BBBB new

    Amends the Illinois Power of Attorney Act. Changes the definition of "person". Changes the forms for an Agent's Certification and Acceptance of Authority and a Successor Agent's Certification and Acceptance of Authority. Creates a form for an Agent's Certification and Acceptance of Authority Statutory Power of Attorney for Health Care After the Death of the Principal. Provides that no person located or doing business in the State shall refuse, without reasonable cause, to honor a statutory short form power of attorney for property properly executed in accordance with the Act that is valid according to the Act. Includes reasonable causes to refuse to honor a statutory short form power of attorney. Sets forth reasons it shall be deemed unreasonable for a person to refuse to honor a statutory short form power of attorney in accordance with the laws in effect at the time of its execution. Provides that if a proceeding is brought to compel acceptance of a statutory short form power of attorney, the court shall award damages of $1,000 or actual damages. Changes the Notice to the Individual Signing the Illinois Statutory Short Form Power of Attorney for Property. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that any person who violates the Illinois Power of Attorney Act by unreasonably refusing to comply with a power of attorney commits an unlawful practice within the meaning of the Act. Effective immediately.


LRB103 25875 LNS 52226 b

 

 

A BILL FOR

 

SB1475LRB103 25875 LNS 52226 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Power of Attorney Act is amended
5by changing Sections 2-3, 2-8, 2-10.3, and 3-3 as follows:
 
6    (755 ILCS 45/2-3)  (from Ch. 110 1/2, par. 802-3)
7    Sec. 2-3. Definitions. As used in this Act:
8    (a) "Agency" means the written power of attorney or other
9instrument of agency governing the relationship between the
10principal and agent or the relationship, itself, as
11appropriate to the context, and includes agencies dealing with
12personal or health care as well as property. An agency is
13subject to this Act to the extent it may be controlled by the
14principal, excluding agencies and powers for the benefit of
15the agent.
16    (b) "Agent" means the attorney-in-fact or other person
17designated to act for the principal in the agency.
18    (c) "Person with a disability" has the same meaning as in
19the "Probate Act of 1975", as now or hereafter amended. To be
20under a "disability" means to be a person with a disability.
21    (c-5) "Incapacitated", when used to describe a principal,
22means that the principal is under a legal disability as
23defined in Section 11a-2 of the Probate Act of 1975. A

 

 

SB1475- 2 -LRB103 25875 LNS 52226 b

1principal shall also be considered incapacitated if: (i) a
2physician licensed to practice medicine in all of its branches
3has examined the principal and has determined that the
4principal lacks decision making capacity; (ii) that physician
5has made a written record of this determination and has signed
6the written record within 90 days after the examination; and
7(iii) the written record has been delivered to the agent. The
8agent may rely conclusively on the written record.
9    (d) "Person" means an individual, corporation, trust,
10partnership, financial institution, title insuring or
11guaranteeing company, bank, ambulatory and community currency
12exchange, credit union, guaranteed credit union, or other
13entity, as appropriate to the agency or to any third-party
14asset custodian.
15    (e) "Principal" means an individual (including, without
16limitation, an individual acting as trustee, representative,
17or other fiduciary) who signs a power of attorney or other
18instrument of agency granting powers to an agent.
19(Source: P.A. 99-143, eff. 7-27-15.)
 
20    (755 ILCS 45/2-8)  (from Ch. 110 1/2, par. 802-8)
21    Sec. 2-8. Reliance on document purporting to establish an
22agency.
23    (a) Any person who acts in good faith reliance on a copy of
24a document purporting to establish an agency will be fully
25protected and released to the same extent as though the

 

 

SB1475- 3 -LRB103 25875 LNS 52226 b

1reliant had dealt directly with the named principal as a
2fully-competent person. The named agent shall furnish an
3affidavit or Agent's Certification and Acceptance of Authority
4to the reliant on demand stating that the instrument relied on
5is a true copy of the agency and that, to the best of the named
6agent's knowledge, the named principal is alive and the
7relevant powers of the named agent have not been altered or
8terminated; but good faith reliance on a document purporting
9to establish an agency will protect the reliant without the
10affidavit or Agent's Certification and Acceptance of
11Authority.
12    (b) Upon request, the named agent in a power of attorney
13shall furnish an Agent's Certification and Acceptance of
14Authority to the reliant in substantially the following form:
 
15
AGENT'S CERTIFICATION AND ACCEPTANCE OF AUTHORITY

 
16    I, .......... (insert name of agent), certify that the
17attached is a true copy of a power of attorney naming the
18undersigned as agent or successor agent for .............
19(insert name of principal).
20    I certify that to the best of my knowledge the principal
21had the capacity to execute the power of attorney, is alive,
22and has not revoked the power of attorney; that my powers as
23agent have not been altered or terminated by the principal, an
24order of the court, or as otherwise provided by law; and that

 

 

SB1475- 4 -LRB103 25875 LNS 52226 b

1the power of attorney remains in full force and effect.
2    I accept appointment as agent under this power of
3attorney.
4    This certification and acceptance is made under penalty of
5perjury.*
6    Dated: ............
7
.......................
8
(Agent's Signature)
9
.......................
10
(Print Agent's Name)
11
.......................
12
(Agent's Address)
13    *(NOTE: Perjury is defined in Section 32-2 of the Criminal
14Code of 2012, and is a Class 3 felony.)
 
15    (b-5) With respect to a statutory power of attorney for
16health care following the death of the principal, then, upon
17request, the named agent in a power of attorney shall furnish
18an Agent's Certification and Acceptance of Authority Statutory
19Power of Attorney for Health Care After the Death of the
20Principal to the reliant in substantially the following form:
 
21
AGENT'S CERTIFICATION AND ACCEPTANCE OF AUTHORITY
22
STATUTORY POWER OF ATTORNEY FOR HEALTH CARE
23
AFTER THE DEATH OF THE PRINCIPAL

 

 

 

SB1475- 5 -LRB103 25875 LNS 52226 b

1    I, .......... (insert name of agent), certify that the
2attached is a true copy of a power of attorney naming the
3undersigned as agent or successor agent for .............
4(insert name of principal), who died on .............
5    I certify that to the best of my knowledge the principal
6had the capacity to execute the power of attorney, and the
7power of attorney was not revoked; that my powers as agent have
8not been altered or terminated; that no representative has
9been appointed for the estate of this deceased principal, and
10that the power of attorney remains in full force and effect for
11the purposes authorized by law following the death of the
12principal.
13    I accept appointment as agent under this power of
14attorney.
15    This certification and acceptance is made under penalty of
16perjury.*
17    Dated: ............
18
.......................
19
(Agent's Signature)
20
.......................
21
(Print Agent's Name)
22
.......................
23
(Agent's Address)
24    *(NOTE: Perjury is defined in Section 32-2 of the Criminal
25Code of 2012, and is a Class 3 felony.)
 

 

 

SB1475- 6 -LRB103 25875 LNS 52226 b

1    (c) Any person dealing with an agent named in a copy of a
2document purporting to establish an agency may presume, in the
3absence of actual knowledge to the contrary, that the document
4purporting to establish the agency was validly executed, that
5the agency was validly established, that the named principal
6was competent at the time of execution, and that, at the time
7of reliance, the named principal is alive, the agency was
8validly established and has not terminated or been amended,
9the relevant powers of the named agent were properly and
10validly granted and have not terminated or been amended, and
11the acts of the named agent conform to the standards of this
12Act. No person relying on a copy of a document purporting to
13establish an agency shall be required to see to the
14application of any property delivered to or controlled by the
15named agent or to question the authority of the named agent.
16    (c-5) No person located or doing business in this State
17shall refuse, without reasonable cause, to honor a statutory
18short form power of attorney for property properly executed in
19accordance with this Act that is valid according to this Act.
20Reasonable cause includes:
21        (1) the refusal by the agent to provide an affidavit
22    or Agent's Certification and Acceptance of Authority;
23        (2) the refusal by the agent to provide a copy of the
24    original document that is certified to be valid by an
25    attorney, a court order, or other governmental entity;
26        (3) the person's good faith referral of the principal

 

 

SB1475- 7 -LRB103 25875 LNS 52226 b

1    and the agent or a person acting for or with the agent to
2    the local adult protective services unit;
3        (4) actual knowledge of a report having been made by
4    any person to the local adult protective services unit
5    alleging physical or financial abuse, neglect,
6    exploitation, or abandonment of the principal by the agent
7    or a person acting for the agent;
8        (5) actual knowledge of the principal's death or a
9    reasonable basis for believing the principal has died;
10        (6) actual knowledge of the incapacity of the
11    principal or a reasonable basis for believing the
12    principal is incapacitated where the power of attorney
13    tendered is a nondurable power of attorney;
14        (7) actual knowledge or a reasonable basis for
15    believing that the principal was incapacitated at the time
16    the power of attorney was executed;
17        (8) actual knowledge or a reasonable basis for
18    believing the power of attorney was procured through
19    fraud, duress, or undue influence;
20        (9) actual notice of the termination or revocation of
21    the power of attorney;
22        (10) the refusal by a title insurance company to
23    underwrite title insurance for a gift of real property
24    made pursuant to a statutory short form power of attorney
25    that does not contain express instructions or purposes of
26    the principal with respect to gifts in paragraph 3 of the

 

 

SB1475- 8 -LRB103 25875 LNS 52226 b

1    statutory short form power of attorney; or
2        (11) the refusal of the principal's attorney to
3    provide a certificate that the power of attorney is valid.
4    (c-10) It shall be deemed unreasonable for a person to
5refuse to honor a statutory short form power of attorney in
6accordance with the laws in effect at the time of its
7execution, if the only reason for the refusal is any of the
8following:
9        (1) the power of attorney is not on a form prescribed
10    by the person to whom the power of attorney is presented;
11        (2) the power of attorney is dishonored pursuant to a
12    clause in the account agreement agreeing to not honor a
13    power of attorney document or to require the use of an
14    internal form utilized by the person;
15        (3) there has been a lapse of time since the execution
16    of the power of attorney;
17        (4) on the face of the statutory short form power of
18    attorney, there is a lapse of time between the date of
19    acknowledgment of the signature of the principal and the
20    date of the acceptance by the agent;
21        (5) the document provided does not bear an original
22    signature, original witness, or original notarization but
23    is accompanied by an attorney-certified copy; or
24        (6) the document appoints an entity as the agent
25    Not later than the 10th business day after presentation of
26an original or attorney-certified copy of a statutory short

 

 

SB1475- 9 -LRB103 25875 LNS 52226 b

1form power of attorney properly executed in accordance with
2the laws in effect at the time of its execution to a person for
3acceptance, such person shall either (i) honor the statutory
4short form power of attorney, (ii) reject the statutory short
5form power of attorney in writing that sets forth the reasons
6for such rejection, which shall be sent to the principal and
7the agent at the addresses, or contact information, on the
8power of attorney and such other addresses as provided by the
9principal or the agent, or (iii) request that the agent
10execute an acknowledged affidavit stating that the power of
11attorney is in full force and effect if the statutory short
12form power of attorney was not submitted for acceptance
13together with such an acknowledged affidavit. Such reasons for
14rejection may include, but not be limited to, a missing or
15incorrect signature, an invalid notarization, or an
16unacceptable power of attorney identification. If the
17statutory short form power of attorney presented is not an
18original or attorney-certified copy, as part of the initial
19rejection, such short form power of attorney may be rejected
20for such reason, however, in explaining the reason for
21rejecting the short form power of attorney, the person shall
22also identify such other provisions of the short form power of
23attorney, if any, that would otherwise constitute cause for
24rejection of the statutory short form power of attorney. If
25the person initially rejects the statutory power of attorney
26in a writing that sets forth the reasons for such rejection,

 

 

SB1475- 10 -LRB103 25875 LNS 52226 b

1the person shall within 10 business days after receipt of a
2writing in response to the reasons for such rejection (A)
3honor the statutory short form power of attorney or (B)
4finally reject the statutory short form power of attorney in a
5writing that sets forth the reasons for such rejection. Such
6writing shall be sent to the address, or contact information,
7provided on the power of attorney and to the address of the
8agent, if any, and may also be sent to such other address as
9provided on the account documents, or to the address of the
10attorney as provided in an opinion of counsel pursuant to this
11Section. If the person requests the agent to execute such an
12acknowledged affidavit or Agent's Certification and Acceptance
13of Authority, the person shall honor such statutory short form
14power of attorney within 10 business days after receipt by the
15person of an acknowledged affidavit which complies with the
16provisions of subsection (b), unless reasonable cause exists
17as described in this subsection. For purposes of this
18subsection, notice shall be considered delivered at the time
19such notice is mailed. However, notice to the agent shall not
20be sent until after a determination is made by adult
21protective services if the reason for rejection is a reason
22set forth in subsection (c-5).
23    (d) Except as provided in subsection (c-10), it shall be
24deemed unlawful for a person to unreasonably refuse to honor a
25statutory short form power of attorney that is valid according
26to this Act. Each person to whom a direction by the named agent

 

 

SB1475- 11 -LRB103 25875 LNS 52226 b

1in accordance with the terms of the copy of the document
2purporting to establish an agency is communicated shall comply
3with that direction, and any person who fails to comply
4arbitrarily or without reasonable cause shall be subject to
5civil liability for any damages resulting from noncompliance.
6A health care provider who complies with Section 4-7 shall not
7be deemed to have acted arbitrarily or without reasonable
8cause. Additionally, if a proceeding is brought to compel
9acceptance of the statutory short form power of attorney, the
10court shall award damages of $1,000 or actual damages,
11including, but not limited to:
12        (1) triple the amount of actual damages, attorney's
13    fees, and costs of the person bringing the action to
14    court; and
15        (2) prejudgment interest on the actual damages from
16    the date the person initially refused to accept the
17    authority of the attorney in fact.
18    At the request of the plaintiff, the circuit clerk shall
19send a certified copy of the order to the body or governmental
20entity that regulates the offending institution. Such a
21proceeding shall be the exclusive remedy for a violation of
22this Section.
23    (e) With respect to a health care power of attorney, each
24person to whom a direction by the named agent in accordance
25with the terms of the copy of the document purporting to
26establish an agency is communicated shall comply with that

 

 

SB1475- 12 -LRB103 25875 LNS 52226 b

1direction, and any person who fails to comply arbitrarily or
2without reasonable cause shall be subject to civil liability
3for any damages resulting from noncompliance, including
4reasonable attorney's fees and costs. At the request of the
5plaintiff, the circuit clerk shall send a certified copy of
6the order to the body or governmental entity that regulates
7the offending institution. A health care provider who complies
8with Section 4-7 shall not be deemed to have acted arbitrarily
9or without reasonable cause.
10    (f) Liability for damages imposed pursuant to this Section
11does not abate with the death of the principal.
12(Source: P.A. 96-1195, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
13    (755 ILCS 45/2-10.3)
14    Sec. 2-10.3. Successor agents.
15    (a) A principal may designate one or more successor agents
16to act if an initial or predecessor agent resigns, dies,
17becomes incapacitated, is not qualified to serve, or declines
18to serve. A principal may grant authority to another person,
19designated by name, by office, or by function, including an
20initial or successor agent, to designate one or more successor
21agents. Unless a power of attorney otherwise provides, a
22successor agent has the same authority as that granted to an
23initial agent.
24    (b) An agent is not liable for the actions of another
25agent, including a predecessor agent, unless the agent

 

 

SB1475- 13 -LRB103 25875 LNS 52226 b

1participates in or conceals a breach of fiduciary duty
2committed by the other agent. An agent who has knowledge of a
3breach or imminent breach of fiduciary duty by another agent
4must notify the principal and, if the principal is
5incapacitated, take whatever actions may be reasonably
6appropriate in the circumstances to safeguard the principal's
7best interest.
8    (c) Any person who acts in good faith reliance on the
9representation of a successor agent regarding the
10unavailability of a predecessor agent will be fully protected
11and released to the same extent as though the reliant had dealt
12directly with the predecessor agent. Upon request, the
13successor agent shall furnish an affidavit or Successor
14Agent's Certification and Acceptance of Authority to the
15reliant, but good faith reliance on a document purporting to
16establish an agency will protect the reliant without the
17affidavit or Successor Agent's Certification and Acceptance of
18Authority. A Successor Agent's Certification and Acceptance of
19Authority shall be in substantially the following form:
 
20
SUCCESSOR AGENT'S
21
CERTIFICATION AND ACCEPTANCE OF AUTHORITY

 
22    I certify that the attached is a true copy of a power of
23attorney naming the undersigned as agent or successor agent
24for .......... (insert name of principal).

 

 

SB1475- 14 -LRB103 25875 LNS 52226 b

1    I certify that to the best of my knowledge the principal
2had the capacity to execute the power of attorney, is alive,
3and has not revoked the power of attorney; that my powers as
4agent have not been altered or terminated by the principal, an
5order of the court, or as otherwise provided by law; and that
6the power of attorney remains in full force and effect.
7    I certify that to the best of my knowledge ..........
8(insert name of unavailable agent) is unavailable due to
9................. (specify death, resignation, absence,
10illness, or other temporary incapacity).
11    I accept appointment as agent under this power of
12attorney.
13    This certification and acceptance is made under penalty of
14perjury.*
15    Dated: ............
16
.......................
17
(Agent's Signature)
18
.......................
19
(Print Agent's Name)
20
.......................
21
(Agent's Address)
22    *(NOTE: Perjury is defined in Section 32-2 of the Criminal
23Code of 2012, and is a Class 3 felony.)
24(Source: P.A. 96-1195, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
25    (755 ILCS 45/3-3)  (from Ch. 110 1/2, par. 803-3)

 

 

SB1475- 15 -LRB103 25875 LNS 52226 b

1    Sec. 3-3. Statutory short form power of attorney for
2property.
3    (a) The form prescribed in this Section may be known as
4"statutory property power" and may be used to grant an agent
5powers with respect to property and financial matters. The
6"statutory property power" consists of the following: (1)
7Notice to the Individual Signing the Illinois Statutory Short
8Form Power of Attorney for Property; (2) Illinois Statutory
9Short Form Power of Attorney for Property; and (3) Notice to
10Agent. When a power of attorney in substantially the form
11prescribed in this Section is used, including all 3 items
12above, with item (1), the Notice to Individual Signing the
13Illinois Statutory Short Form Power of Attorney for Property,
14on a separate sheet (coversheet) in 14-point type and the
15notarized form of acknowledgment at the end, it shall have the
16meaning and effect prescribed in this Act.
17    (b) A power of attorney shall also be deemed to be in
18substantially the same format as the statutory form if the
19explanatory language throughout the form (the language
20following the designation "NOTE:") is distinguished in some
21way from the legal paragraphs in the form, such as the use of
22boldface or other difference in typeface and font or point
23size, even if the "Notice" paragraphs at the beginning are not
24on a separate sheet of paper or are not in 14-point type, or if
25the principal's initials do not appear in the acknowledgement
26at the end of the "Notice" paragraphs.

 

 

SB1475- 16 -LRB103 25875 LNS 52226 b

1    The validity of a power of attorney as meeting the
2requirements of a statutory property power shall not be
3affected by the fact that one or more of the categories of
4optional powers listed in the form are struck out or the form
5includes specific limitations on or additions to the agent's
6powers, as permitted by the form. Nothing in this Article
7shall invalidate or bar use by the principal of any other or
8different form of power of attorney for property. Nonstatutory
9property powers (i) must be executed by the principal, (ii)
10must designate the agent and the agent's powers, (iii) must be
11signed by at least one witness to the principal's signature,
12and (iv) must indicate that the principal has acknowledged his
13or her signature before a notary public. However, nonstatutory
14property powers need not conform in any other respect to the
15statutory property power.
16    (c) The Notice to the Individual Signing the Illinois
17Statutory Short Form Power of Attorney for Property shall be
18substantially as follows:
 
19
"PERSONS WHO UNREASONABLY FAIL TO HONOR THIS
20
POWER OF ATTORNEY MAY BE LIABLE FOR DAMAGES.

 
21
" NOTICE TO THE INDIVIDUAL SIGNING THE ILLINOIS
22
STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY.

 
23    PLEASE READ THIS NOTICE CAREFULLY. The form that you will

 

 

SB1475- 17 -LRB103 25875 LNS 52226 b

1be signing is a legal document. It is governed by the Illinois
2Power of Attorney Act. If there is anything about this form
3that you do not understand, you should ask a lawyer to explain
4it to you.
5    The purpose of this Power of Attorney is to give your
6designated "agent" broad powers to handle your financial
7affairs, which may include the power to pledge, sell, or
8dispose of any of your real or personal property, even without
9your consent or any advance notice to you. When using the
10Statutory Short Form, you may name successor agents, but you
11may not name co-agents.
12    This form does not impose a duty upon your agent to handle
13your financial affairs, so it is important that you select an
14agent who will agree to do this for you. It is also important
15to select an agent whom you trust, since you are giving that
16agent control over your financial assets and property. Any
17agent who does act for you has a duty to act in good faith for
18your benefit and to use due care, competence, and diligence.
19He or she must also act in accordance with the law and with the
20directions in this form. Your agent must keep a record of all
21receipts, disbursements, and significant actions taken as your
22agent. The failure of any person to accept a Durable Power of
23Attorney for Property may result in liability, including
24damages and attorney's fees.
25    Unless you specifically limit the period of time that this
26Power of Attorney will be in effect, your agent may exercise

 

 

SB1475- 18 -LRB103 25875 LNS 52226 b

1the powers given to him or her throughout your lifetime, both
2before and after you become incapacitated. A court, however,
3can take away the powers of your agent if it finds that the
4agent is not acting properly. You may also revoke this Power of
5Attorney if you wish.
6    This Power of Attorney does not authorize your agent to
7appear in court for you as an attorney-at-law or otherwise to
8engage in the practice of law unless he or she is a licensed
9attorney who is authorized to practice law in Illinois.
10    The powers you give your agent are explained more fully in
11Section 3-4 of the Illinois Power of Attorney Act. This form is
12a part of that law. The "NOTE" paragraphs throughout this form
13are instructions.
14    You are not required to sign this Power of Attorney, but it
15will not take effect without your signature. You should not
16sign this Power of Attorney if you do not understand
17everything in it, and what your agent will be able to do if you
18do sign it.
 
19    Please place your initials on the following line
20indicating that you have read this Notice:
21
.....................
22
Principal's initials"

 
23    (d) The Illinois Statutory Short Form Power of Attorney
24for Property shall be substantially as follows:
 

 

 

SB1475- 19 -LRB103 25875 LNS 52226 b

1
"ILLINOIS STATUTORY SHORT FORM
2
POWER OF ATTORNEY FOR PROPERTY

 
3    1. I, ..............., (insert name and address of
4principal) hereby revoke all prior powers of attorney for
5property executed by me and appoint:
6.............................................................
7                  (insert name and address of agent)
8    (NOTE: You may not name co-agents using this form.)
9as my attorney-in-fact (my "agent") to act for me and in my
10name (in any way I could act in person) with respect to the
11following powers, as defined in Section 3-4 of the "Statutory
12Short Form Power of Attorney for Property Law" (including all
13amendments), but subject to any limitations on or additions to
14the specified powers inserted in paragraph 2 or 3 below:
 
15(NOTE: You must strike out any one or more of the following
16categories of powers you do not want your agent to have.
17Failure to strike the title of any category will cause the
18powers described in that category to be granted to the agent.
19To strike out a category you must draw a line through the title
20of that category.)
21    (a) Real estate transactions.
22    (b) Financial institution transactions.
23    (c) Stock and bond transactions.

 

 

SB1475- 20 -LRB103 25875 LNS 52226 b

1    (d) Tangible personal property transactions.
2    (e) Safe deposit box transactions.
3    (f) Insurance and annuity transactions.
4    (g) Retirement plan transactions.
5    (h) Social Security, employment and military service
6benefits.
7    (i) Tax matters.
8    (j) Claims and litigation.
9    (k) Commodity and option transactions.
10    (l) Business operations.
11    (m) Borrowing transactions.
12    (n) Estate transactions.
13    (o) All other property transactions.
14(NOTE: Limitations on and additions to the agent's powers may
15be included in this power of attorney if they are specifically
16described below.)
17    2. The powers granted above shall not include the
18following powers or shall be modified or limited in the
19following particulars:
20(NOTE: Here you may include any specific limitations you deem
21appropriate, such as a prohibition or conditions on the sale
22of particular stock or real estate or special rules on
23borrowing by the agent.)
24.............................................................
25.............................................................
26.............................................................

 

 

SB1475- 21 -LRB103 25875 LNS 52226 b

1.............................................................
2.............................................................
3    3. In addition to the powers granted above, I grant my
4agent the following powers:
5(NOTE: Here you may add any other delegable powers including,
6without limitation, power to make gifts, exercise powers of
7appointment, name or change beneficiaries or joint tenants or
8revoke or amend any trust specifically referred to below.)
9.............................................................
10.............................................................
11.............................................................
12.............................................................
13.............................................................
14(NOTE: Your agent will have authority to employ other persons
15as necessary to enable the agent to properly exercise the
16powers granted in this form, but your agent will have to make
17all discretionary decisions. If you want to give your agent
18the right to delegate discretionary decision-making powers to
19others, you should keep paragraph 4, otherwise it should be
20struck out.)
21    4. My agent shall have the right by written instrument to
22delegate any or all of the foregoing powers involving
23discretionary decision-making to any person or persons whom my
24agent may select, but such delegation may be amended or
25revoked by any agent (including any successor) named by me who
26is acting under this power of attorney at the time of

 

 

SB1475- 22 -LRB103 25875 LNS 52226 b

1reference.
2(NOTE: Your agent will be entitled to reimbursement for all
3reasonable expenses incurred in acting under this power of
4attorney. Strike out paragraph 5 if you do not want your agent
5to also be entitled to reasonable compensation for services as
6agent.)
7    5. My agent shall be entitled to reasonable compensation
8for services rendered as agent under this power of attorney.
9(NOTE: This power of attorney may be amended or revoked by you
10at any time and in any manner. Absent amendment or revocation,
11the authority granted in this power of attorney will become
12effective at the time this power is signed and will continue
13until your death, unless a limitation on the beginning date or
14duration is made by initialing and completing one or both of
15paragraphs 6 and 7:)
16    6. ( ) This power of attorney shall become effective on
17.............................................................
18(NOTE: Insert a future date or event during your lifetime,
19such as a court determination of your disability or a written
20determination by your physician that you are incapacitated,
21when you want this power to first take effect.)
22    7. ( ) This power of attorney shall terminate on
23.............................................................
24(NOTE: Insert a future date or event, such as a court
25determination that you are not under a legal disability or a
26written determination by your physician that you are not

 

 

SB1475- 23 -LRB103 25875 LNS 52226 b

1incapacitated, if you want this power to terminate prior to
2your death.)
3(NOTE: If you wish to name one or more successor agents, insert
4the name and address of each successor agent in paragraph 8.)
5    8. If any agent named by me shall die, become incompetent,
6resign or refuse to accept the office of agent, I name the
7following (each to act alone and successively, in the order
8named) as successor(s) to such agent:
9.............................................................
10.............................................................
11For purposes of this paragraph 8, a person shall be considered
12to be incompetent if and while the person is a minor or an
13adjudicated incompetent or a person with a disability or the
14person is unable to give prompt and intelligent consideration
15to business matters, as certified by a licensed physician.
16(NOTE: If you wish to, you may name your agent as guardian of
17your estate if a court decides that one should be appointed. To
18do this, retain paragraph 9, and the court will appoint your
19agent if the court finds that this appointment will serve your
20best interests and welfare. Strike out paragraph 9 if you do
21not want your agent to act as guardian.)
22    9. If a guardian of my estate (my property) is to be
23appointed, I nominate the agent acting under this power of
24attorney as such guardian, to serve without bond or security.
25    10. I am fully informed as to all the contents of this form
26and understand the full import of this grant of powers to my

 

 

SB1475- 24 -LRB103 25875 LNS 52226 b

1agent.
2(NOTE: This form does not authorize your agent to appear in
3court for you as an attorney-at-law or otherwise to engage in
4the practice of law unless he or she is a licensed attorney who
5is authorized to practice law in Illinois.)
6    11. The Notice to Agent is incorporated by reference and
7included as part of this form.
8Dated: ................
9            Signed ..........................................
10
(principal)

 
11(NOTE: This power of attorney will not be effective unless it
12is signed by at least one witness and your signature is
13notarized, using the form below. The notary may not also sign
14as a witness.)
 
15The undersigned witness certifies that ..............., known
16to me to be the same person whose name is subscribed as
17principal to the foregoing power of attorney, appeared before
18me and the notary public and acknowledged signing and
19delivering the instrument as the free and voluntary act of the
20principal, for the uses and purposes therein set forth. I
21believe him or her to be of sound mind and memory. The
22undersigned witness also certifies that the witness is not:
23(a) the attending physician or mental health service provider
24or a relative of the physician or provider; (b) an owner,

 

 

SB1475- 25 -LRB103 25875 LNS 52226 b

1operator, or relative of an owner or operator of a health care
2facility in which the principal is a patient or resident; (c) a
3parent, sibling, descendant, or any spouse of such parent,
4sibling, or descendant of either the principal or any agent or
5successor agent under the foregoing power of attorney, whether
6such relationship is by blood, marriage, or adoption; or (d)
7an agent or successor agent under the foregoing power of
8attorney.
9Dated: ................
10
..............................
11
Witness

 
12(NOTE: Illinois requires only one witness, but other
13jurisdictions may require more than one witness. If you wish
14to have a second witness, have him or her certify and sign
15here:)
 
16(Second witness) The undersigned witness certifies that
17................, known to me to be the same person whose name
18is subscribed as principal to the foregoing power of attorney,
19appeared before me and the notary public and acknowledged
20signing and delivering the instrument as the free and
21voluntary act of the principal, for the uses and purposes
22therein set forth. I believe him or her to be of sound mind and
23memory. The undersigned witness also certifies that the
24witness is not: (a) the attending physician or mental health

 

 

SB1475- 26 -LRB103 25875 LNS 52226 b

1service provider or a relative of the physician or provider;
2(b) an owner, operator, or relative of an owner or operator of
3a health care facility in which the principal is a patient or
4resident; (c) a parent, sibling, descendant, or any spouse of
5such parent, sibling, or descendant of either the principal or
6any agent or successor agent under the foregoing power of
7attorney, whether such relationship is by blood, marriage, or
8adoption; or (d) an agent or successor agent under the
9foregoing power of attorney.
10Dated: .......................
11
..............................
12
Witness

 
13State of ............)
14                     ) SS.
15County of ...........)
16    The undersigned, a notary public in and for the above
17county and state, certifies that .......................,
18known to me to be the same person whose name is subscribed as
19principal to the foregoing power of attorney, appeared before
20me and the witness(es) ............. (and ..............) in
21person and acknowledged signing and delivering the instrument
22as the free and voluntary act of the principal, for the uses
23and purposes therein set forth (, and certified to the
24correctness of the signature(s) of the agent(s)).
25Dated: ................ 

 

 

SB1475- 27 -LRB103 25875 LNS 52226 b

1
..............................
2
Notary Public
3    My commission expires .................
 
4(NOTE: You may, but are not required to, request your agent and
5successor agents to provide specimen signatures below. If you
6include specimen signatures in this power of attorney, you
7must complete the certification opposite the signatures of the
8agents.)
 
9Specimen signatures of         I certify that the signatures
10agent (and successors)         of my agent (and successors)
11                               are genuine.
12..........................     .............................
13         (agent)                       (principal)
14..........................     .............................
15    (successor agent)                  (principal)
16..........................     .............................
17    (successor agent)                  (principal)
 
18(NOTE: The name, address, and phone number of the person
19preparing this form or who assisted the principal in
20completing this form should be inserted below.)
21Name:  ....................... 
22Address:  .................... 
23.............................. 

 

 

SB1475- 28 -LRB103 25875 LNS 52226 b

1.............................. 
2Phone: .................... "
 
3    (e) Notice to Agent. The following form may be known as
4"Notice to Agent" and shall be supplied to an agent appointed
5under a power of attorney for property.
 
6
"NOTICE TO AGENT
7    When you accept the authority granted under this power of
8attorney a special legal relationship, known as agency, is
9created between you and the principal. Agency imposes upon you
10duties that continue until you resign or the power of attorney
11is terminated or revoked.
12    As agent you must:
13        (1) do what you know the principal reasonably expects
14    you to do with the principal's property;
15        (2) act in good faith for the best interest of the
16    principal, using due care, competence, and diligence;
17        (3) keep a complete and detailed record of all
18    receipts, disbursements, and significant actions conducted
19    for the principal;
20        (4) attempt to preserve the principal's estate plan,
21    to the extent actually known by the agent, if preserving
22    the plan is consistent with the principal's best interest;
23    and
24        (5) cooperate with a person who has authority to make

 

 

SB1475- 29 -LRB103 25875 LNS 52226 b

1    health care decisions for the principal to carry out the
2    principal's reasonable expectations to the extent actually
3    in the principal's best interest.
4    As agent you must not do any of the following:
5        (1) act so as to create a conflict of interest that is
6    inconsistent with the other principles in this Notice to
7    Agent;
8        (2) do any act beyond the authority granted in this
9    power of attorney;
10        (3) commingle the principal's funds with your funds;
11        (4) borrow funds or other property from the principal,
12    unless otherwise authorized;
13        (5) continue acting on behalf of the principal if you
14    learn of any event that terminates this power of attorney
15    or your authority under this power of attorney, such as
16    the death of the principal, your legal separation from the
17    principal, or the dissolution of your marriage to the
18    principal.
19    If you have special skills or expertise, you must use
20those special skills and expertise when acting for the
21principal. You must disclose your identity as an agent
22whenever you act for the principal by writing or printing the
23name of the principal and signing your own name "as Agent" in
24the following manner:
25    "(Principal's Name) by (Your Name) as Agent"
26    The meaning of the powers granted to you is contained in

 

 

SB1475- 30 -LRB103 25875 LNS 52226 b

1Section 3-4 of the Illinois Power of Attorney Act, which is
2incorporated by reference into the body of the power of
3attorney for property document.
4    If you violate your duties as agent or act outside the
5authority granted to you, you may be liable for any damages,
6including attorney's fees and costs, caused by your violation.
7    If there is anything about this document or your duties
8that you do not understand, you should seek legal advice from
9an attorney."
 
10    (f) The requirement of the signature of a witness in
11addition to the principal and the notary, imposed by Public
12Act 91-790, applies only to instruments executed on or after
13June 9, 2000 (the effective date of that Public Act).
14(NOTE: This amendatory Act of the 96th General Assembly
15deletes provisions that referred to the one required witness
16as an "additional witness", and it also provides for the
17signature of an optional "second witness".)
18(Source: P.A. 99-143, eff. 7-27-15.)
 
19    Section 10. The Consumer Fraud and Deceptive Business
20Practices Act is amended by adding Section 2BBBB as follows:
 
21    (815 ILCS 505/2BBBB new)
22    Sec. 2BBBB. Violations of the Illinois Power of Attorney
23Act. Any person who violates the Illinois Power of Attorney

 

 

SB1475- 31 -LRB103 25875 LNS 52226 b

1Act by unreasonably refusing to comply with a power of
2attorney as set forth in Section 2-8 of the Illinois Power of
3Attorney Act commits an unlawful practice within the meaning
4of this Act.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.