Illinois General Assembly - Full Text of HB4879
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Full Text of HB4879  100th General Assembly




HB4879 EnrolledLRB100 18307 JLS 33512 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 by
5changing Section 2-7 as follows:
6    (755 ILCS 45/2-7)  (from Ch. 110 1/2, par. 802-7)
7    Sec. 2-7. Duty - standard of care - record-keeping -
9    (a) The agent shall be under no duty to exercise the powers
10granted by the agency or to assume control of or responsibility
11for any of the principal's property, care or affairs,
12regardless of the principal's physical or mental condition.
13Whenever a power is exercised, the agent shall act in good
14faith for the benefit of the principal using due care,
15competence, and diligence in accordance with the terms of the
16agency and shall be liable for negligent exercise. An agent who
17acts with due care for the benefit of the principal shall not
18be liable or limited merely because the agent also benefits
19from the act, has individual or conflicting interests in
20relation to the property, care or affairs of the principal or
21acts in a different manner with respect to the agency and the
22agent's individual interests. The agent shall not be affected
23by any amendment or termination of the agency until the agent



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1has actual knowledge thereof. The agent shall not be liable for
2any loss due to error of judgment nor for the act or default of
3any other person.
4    (b) An agent that has accepted appointment must act in
5accordance with the principal's expectations to the extent
6actually known to the agent and otherwise in the principal's
7best interests.
8    (c) An agent shall keep a record of all receipts,
9disbursements, and significant actions taken under the
10authority of the agency and shall provide a copy of this record
11when requested to do so by:
12        (1) the principal, a guardian, another fiduciary
13    acting on behalf of the principal, and, after the death of
14    the principal, the personal representative or successors
15    in interest of the principal's estate;
16        (2) a representative of a provider agency, as defined
17    in Section 2 of the Adult Protective Services Act, acting
18    in the course of an assessment of a complaint of elder
19    abuse or neglect under that Act;
20        (3) a representative of the Office of the State Long
21    Term Care Ombudsman, acting in the course of an
22    investigation of a complaint of financial exploitation of a
23    nursing home resident under Section 4.04 of the Illinois
24    Act on the Aging;
25        (4) a representative of the Office of Inspector General
26    for the Department of Human Services, acting in the course



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1    of an assessment of a complaint of financial exploitation
2    of an adult with disabilities pursuant to Section 35 of the
3    Abuse of Adults with Disabilities Intervention Act;
4        (5) a court under Section 2-10 of this Act; or
5        (6) a representative of the Office of State Guardian or
6    public guardian for the county in which the principal
7    resides acting in the course of investigating whether to
8    file a petition for guardianship of the principal under
9    Section 11a-4 or 11a-8 of the Probate Act of 1975.
10    (d) If the agent fails to provide his or her record of all
11receipts, disbursements, and significant actions within 21
12days after a request under subsection (c), the adult abuse
13provider agency, the State Guardian, the public guardian, or a
14representative of the Office of the State Long Term Care
15Ombudsman may petition the court for an order requiring the
16agent to produce his or her record of receipts, disbursements,
17and significant actions. If the court finds that the agent's
18failure to provide his or her record in a timely manner to the
19adult abuse provider agency, the State Guardian, the public
20guardian, or a representative of the Office of the State Long
21Term Care Ombudsman was without good cause, the court may
22assess reasonable costs and attorney's fees against the agent,
23and order such other relief as is appropriate.
24    (e) An agent is not required to disclose receipts,
25disbursements, or other significant actions conducted on
26behalf of the principal except as otherwise provided in the



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1power of attorney or as required under subsection (c).
2    (f) An agent that violates this Act is liable to the
3principal or the principal's successors in interest for the
4amount required (i) to restore the value of the principal's
5property to what it would have been had the violation not
6occurred, and (ii) to reimburse the principal or the
7principal's successors in interest for the attorney's fees and
8costs paid on the agent's behalf. This subsection does not
9limit any other applicable legal or equitable remedies.
10(Source: P.A. 98-49, eff. 7-1-13; 98-562, eff. 8-27-13; 98-756,
11eff. 7-16-14.)