Public Act 90-0021 of the 90th General Assembly
Public Act 90-0021
HB1564 Enrolled LRB9002325YYmgA
AN ACT to amend the Illinois Power of Attorney Act by
changing Section 2-8.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Power of Attorney Act is amended
by changing Section 2-8 as follows:
(755 ILCS 45/2-8) (from Ch. 110 1/2, par. 802-8)
Sec. 2-8. Reliance on document purporting to establish
an agency. Any person who acts in good faith reliance on a
copy of a document purporting to establish an the agency will
be fully protected and released to the same extent as though
the reliant had dealt directly with the named principal as a
fully-competent person. The named agent shall furnish an
affidavit to the reliant on demand stating that the
instrument relied on is a true copy of the agency and that,
to the best of the named agent's knowledge, the named
principal is alive and the relevant powers of the named agent
have not been altered or terminated; but good faith reliance
on a document purporting to establish an the agency will
protect the reliant without the affidavit. Any person
dealing with an the agent named in a copy of a document
purporting to establish an agency may presume, in the absence
of actual knowledge to the contrary, that the document
purporting to establish the agency was validly executed, that
the agency was validly established, that the named principal
was competent at the time of execution, and that, at the time
of reliance, the named principal is alive, the agency was
validly established and has not terminated or been amended,
the relevant powers of the named agent were properly and
validly granted and have not terminated or been amended, and
the acts of the named agent conform to the standards of this
Act. No person relying on a copy of a document purporting to
establish an the agency shall be required to see to the
application of any property delivered to or controlled by the
named agent or to question the authority of the named agent.
Each person to whom a direction by the named agent in
accordance with the terms of the copy of the document
purporting to establish an agency is communicated shall
comply with that direction, and any person who fails to
comply arbitrarily or without reasonable cause shall be
subject to civil liability for any damages resulting from
noncompliance. A health care provider who complies with
Section 4-7 shall not be deemed to have acted arbitrarily or
without reasonable cause.
(Source: P.A. 86-736.)
Section 99. Effective date. This Act takes effect upon
becoming law.