Illinois General Assembly - Full Text of SB0055
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB0055  103rd General Assembly




SB0055 EnrolledLRB103 04523 LNS 49529 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 Section 2-10 as follows:
6    (755 ILCS 45/2-10)  (from Ch. 110 1/2, par. 802-10)
7    Sec. 2-10. Agency-court relationship.
8    (a) Upon petition by any interested person, notice to the
9agent, principal, and (including the agent), with such notice
10to interested persons as the court directs and a finding by the
11court that the principal lacks either the capacity to control
12or the capacity to revoke the agency, the court may construe a
13power of attorney, review the agent's conduct, and grant
14appropriate relief including compensatory damages.
15    (b) If the court finds that the agent is not acting for the
16benefit of the principal in accordance with the terms of the
17agency or that the agent's action or inaction, including
18restricting or not allowing an interested person to have
19reasonable visitation with the principal, has caused or
20threatens substantial harm to the principal's person or
21property in a manner not authorized or intended by the
22principal, the court may order a guardian of the principal's
23person or estate to exercise any powers of the principal under



SB0055 Enrolled- 2 -LRB103 04523 LNS 49529 b

1the agency, including the power to revoke the agency, or may
2enter such other orders without appointment of a guardian as
3the court deems necessary to provide for the best interests of
4the principal.
5    (c) If the court finds that the agency requires
6interpretation, the court may construe the agency and instruct
7the agent, but the court may not amend the agency.
8    (d) If the court finds that the agent has not acted for the
9benefit of the principal in accordance with the terms of the
10agency and the Illinois Power of Attorney Act, or that the
11agent's action caused or threatened substantial harm to the
12principal's person or property in a manner not authorized or
13intended by the principal, then the agent shall not be
14authorized to pay or be reimbursed from the estate of the
15principal the attorneys' fees and costs of the agent in
16defending a proceeding brought pursuant to this Section.
17    (e) Upon a finding that the agent's action has caused
18substantial harm to the principal's person or property, the
19court may assess against the agent reasonable costs and
20attorney's fees to a prevailing party who is a provider agency
21as defined in Section 2 of the Adult Protective Services Act, a
22representative of the Office of the State Long Term Care
23Ombudsman, the State Guardian, a public guardian, or a
24governmental agency having regulatory authority to protect the
25welfare of the principal.
26    (f) As used in this Section, the term "interested person"



SB0055 Enrolled- 3 -LRB103 04523 LNS 49529 b

1includes (1) the principal or the agent; (2) a guardian of the
2person, guardian of the estate, or other fiduciary charged
3with management of the principal's property; (3) the
4principal's spouse, parent, or descendant; (4) a person who
5would be a presumptive heir-at-law of the principal; (5) a
6person named as a beneficiary to receive any property,
7benefit, or contractual right upon the principal's death, or
8as a beneficiary of a trust created by or for the principal;
9(6) a provider agency as defined in Section 2 of the Adult
10Protective Services Act, a representative of the Office of the
11State Long Term Care Ombudsman, the State Guardian, a public
12guardian, or a governmental agency having regulatory authority
13to protect the welfare of the principal; and (7) the
14principal's caregiver or another person who demonstrates
15sufficient interest in the principal's welfare.
16    (g) Absent court order directing a guardian to exercise
17powers of the principal under the agency, a guardian will have
18no power, duty or liability with respect to any property
19subject to the agency or any personal or health care matters
20covered by the agency. If an agent seeks guardianship of the
21principal pursuant to the Probate Act of 1975, the petition
22for guardianship must delineate the specific powers to be
23granted to the guardian that are not already included in the
24power of attorney. The petition for temporary, limited, or
25plenary guardianship of the principal under the Probate Act of
261975 may include a prayer for relief to suspend a power of



SB0055 Enrolled- 4 -LRB103 04523 LNS 49529 b

1attorney or to revoke a power of attorney in accordance with
2subsection (b).
3    (h) Proceedings under this Section shall be commenced in
4the county where the guardian was appointed or, if no Illinois
5guardian is acting, then in the county where the agent or
6principal resides or where the principal owns real property.
7    (i) This Section shall not be construed to limit any other
8remedies available.
9(Source: P.A. 102-72, eff. 1-1-22.)