Full Text of SB0055 103rd General Assembly
SB0055enr 103RD GENERAL ASSEMBLY |
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| 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 | 5 | | by 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 | 9 | | agent, principal, and (including the agent), with such notice | 10 | | to interested persons as the
court directs and a finding by the | 11 | | court that the principal
lacks either the capacity to control | 12 | | or the capacity to revoke the agency, the court may construe a | 13 | | power of attorney, review the agent's conduct, and grant | 14 | | appropriate relief including compensatory damages. | 15 | | (b) If the court finds
that the agent is not acting for the | 16 | | benefit of the principal in accordance
with the terms of the | 17 | | agency or that the agent's action or inaction , including | 18 | | restricting or not allowing an interested person to have | 19 | | reasonable visitation with the principal, has
caused or | 20 | | threatens substantial harm to the principal's person or | 21 | | property
in a manner not authorized or intended by the | 22 | | principal, the court may
order a guardian of the principal's | 23 | | person or estate to exercise any powers
of the principal under |
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| 1 | | the agency, including the power to revoke the
agency, or may | 2 | | enter such other orders without appointment of a guardian as
| 3 | | the court deems necessary to provide for the best interests of | 4 | | the
principal. | 5 | | (c) If the court finds that the agency requires
| 6 | | interpretation, the court may construe the agency and instruct | 7 | | the agent,
but the court may not amend the agency. | 8 | | (d) If the court finds that the agent has not acted for the | 9 | | benefit of the principal in accordance with the terms of the | 10 | | agency and the Illinois Power of Attorney Act, or that the | 11 | | agent's action caused or threatened substantial harm to the | 12 | | principal's person or property in a manner not authorized or | 13 | | intended by the principal, then the agent shall not be | 14 | | authorized to pay or be reimbursed from the estate of the | 15 | | principal the attorneys' fees and costs of the agent in | 16 | | defending a proceeding brought pursuant to this Section. | 17 | | (e) Upon a finding that the agent's action has caused | 18 | | substantial harm to the principal's person or property, the | 19 | | court may assess against the agent reasonable costs and | 20 | | attorney's fees to a prevailing party who is a provider agency | 21 | | as defined in Section 2 of the Adult Protective Services Act, a | 22 | | representative of the Office of the State Long Term Care | 23 | | Ombudsman, the State Guardian, a public guardian, or a | 24 | | governmental agency having regulatory authority to protect the | 25 | | welfare of the principal. | 26 | | (f) As used in this Section, the term "interested person" |
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| 1 | | includes (1) the principal or the agent; (2) a guardian of the | 2 | | person, guardian of the estate, or other fiduciary charged | 3 | | with management of the principal's property; (3) the | 4 | | principal's spouse, parent, or descendant; (4) a person who | 5 | | would be a presumptive heir-at-law of the principal; (5) a | 6 | | person named as a beneficiary to receive any property, | 7 | | benefit, or contractual right upon the principal's death, or | 8 | | as a beneficiary of a trust created by or for the principal; | 9 | | (6) a provider agency as defined in Section 2 of the Adult | 10 | | Protective Services Act, a representative of the Office of the | 11 | | State Long Term Care Ombudsman, the State Guardian, a public | 12 | | guardian, or a governmental agency having regulatory authority | 13 | | to protect the welfare of the principal; and (7) the | 14 | | principal's caregiver or another person who demonstrates | 15 | | sufficient interest in the principal's welfare. | 16 | | (g) Absent court order directing a
guardian to exercise | 17 | | powers of the principal under the agency, a guardian
will have | 18 | | no power, duty or liability with respect to any property | 19 | | subject
to the agency or any personal or health care matters | 20 | | covered by the agency. If an agent seeks guardianship of the | 21 | | principal pursuant to the Probate Act of 1975, the petition | 22 | | for guardianship must delineate the specific powers to be | 23 | | granted to the guardian that are not already included in the | 24 | | power of attorney. The petition for temporary, limited, or | 25 | | plenary guardianship of the principal under the Probate Act of | 26 | | 1975 may include a prayer for relief to suspend a power of |
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| 1 | | attorney or to revoke a power of attorney in accordance with | 2 | | subsection (b). | 3 | | (h)
Proceedings under this Section shall be commenced in | 4 | | the county where the
guardian was appointed or, if no Illinois | 5 | | guardian is acting, then in the
county where the agent or | 6 | | principal resides or where the principal owns real property.
| 7 | | (i) This Section shall not be construed to limit any other | 8 | | remedies available. | 9 | | (Source: P.A. 102-72, eff. 1-1-22 .)
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