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Public Act 91-0790
SB1567 Enrolled LRB9111460STcs
AN ACT to amend the Illinois Power of Attorney Act by
adding Section 2-7.5 and by changing Section 3-3.
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 adding Section 2-7.5 and changing Section 3-3 as follows:
(755 ILCS 45/2-7.5 new)
Sec. 2-7.5. Incapacitated principal.
(a) This Section shall apply only to an agent acting for
a principal who is incapacitated. A principal shall be
considered incapacitated if that individual is under a legal
disability as defined in Section 11a-2 of the Probate Act of
1975. A principal shall also be considered incapacitated if:
(i) a physician licensed to practice medicine in all its
branches has examined the principal and has determined that
the principal lacks decision making capacity; and (ii) that
physician has made a written record of this determination and
has signed the written record within 90 days after the
examination; and (iii) the written record has been delivered
to the agent. The agent may rely conclusively on that written
record.
(b) An agent shall provide a record of all receipts,
disbursements, and significant actions taken under the
authority of the agency when requested to do so: (i) by a
representative of a provider agency, as defined in Section 2
of the Elder Abuse and Neglect Act, acting in the course of
an assessment of a complaint of elder abuse or neglect under
that Act; or (ii) by a representative of the Office of the
State Long Term Care Ombudsman acting in the course of an
investigation of a complaint of financial exploitation of a
nursing home resident under Section 4.04 of the Illinois Act
on the Aging.
(755 ILCS 45/3-3) (from Ch. 110 1/2, par. 803-3)
Sec. 3-3. Statutory short form power of attorney for
property. The following form may be known as "statutory
property power" and may be used to grant an agent powers with
respect to property and financial matters. When a power of
attorney in substantially the following form is used,
including the "notice" paragraph at the beginning in capital
letters and the notarized form of acknowledgment at the end,
it shall have the meaning and effect prescribed in this Act.
The validity of a power of attorney as meeting the
requirements of a statutory property power shall not be
affected by the fact that one or more of the categories of
optional powers listed in the form are struck out or the form
includes specific limitations on or additions to the agent's
powers, as permitted by the form. Nothing in this Article
shall invalidate or bar use by the principal of any other or
different form of power of attorney for property.
Nonstatutory property powers must be executed by the
principal and designate the agent and the agent's powers, but
they need not be acknowledged or conform in any other respect
to the statutory property power.
"ILLINOIS STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY
(NOTICE: THE PURPOSE OF THIS POWER OF ATTORNEY IS TO
GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO
HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO PLEDGE,
SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY
WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THIS FORM
DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED
POWERS; BUT WHEN POWERS ARE EXERCISED, YOUR AGENT WILL HAVE
TO USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE
WITH THIS FORM AND KEEP A RECORD OF RECEIPTS, DISBURSEMENTS
AND SIGNIFICANT ACTIONS TAKEN AS AGENT. A COURT CAN TAKE
AWAY THE POWERS OF YOUR AGENT IF IT FINDS THE AGENT IS NOT
ACTING PROPERLY. YOU MAY NAME SUCCESSOR AGENTS UNDER THIS
FORM BUT NOT CO-AGENTS. UNLESS YOU EXPRESSLY LIMIT THE
DURATION OF THIS POWER IN THE MANNER PROVIDED BELOW, UNTIL
YOU REVOKE THIS POWER OR A COURT ACTING ON YOUR BEHALF
TERMINATES IT, YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE
THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME DISABLED.
THE POWERS YOU GIVE YOUR AGENT ARE EXPLAINED MORE FULLY IN
SECTION 3-4 OF THE ILLINOIS "STATUTORY SHORT FORM POWER OF
ATTORNEY FOR PROPERTY LAW" OF WHICH THIS FORM IS A PART (SEE
THE BACK OF THIS FORM). THAT LAW EXPRESSLY PERMITS THE USE
OF ANY DIFFERENT FORM OF POWER OF ATTORNEY YOU MAY DESIRE.
IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT
UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.)
POWER OF ATTORNEY made this .... day of ....... (month)
...... (year)
1. I, ..............., (insert name and address of
principal) hereby appoint:
.............................................................
(insert name and address of agent)
as my attorney-in-fact (my "agent") to act for me and in my
name (in any way I could act in person) with respect to the
following powers, as defined in Section 3-4 of the "Statutory
Short Form Power of Attorney for Property Law" (including all
amendments), but subject to any limitations on or additions
to the specified powers inserted in paragraph 2 or 3 below:
(YOU MUST STRIKE OUT ANY ONE OR MORE OF THE FOLLOWING
CATEGORIES OF POWERS YOU DO NOT WANT YOUR AGENT TO HAVE.
FAILURE TO STRIKE THE TITLE OF ANY CATEGORY WILL CAUSE THE
POWERS DESCRIBED IN THAT CATEGORY TO BE GRANTED TO THE AGENT.
TO STRIKE OUT A CATEGORY YOU MUST DRAW A LINE THROUGH THE
TITLE OF THAT CATEGORY.)
(a) Real estate transactions.
(b) Financial institution transactions.
(c) Stock and bond transactions.
(d) Tangible personal property transactions.
(e) Safe deposit box transactions.
(f) Insurance and annuity transactions.
(g) Retirement plan transactions.
(h) Social Security, employment and military service
benefits.
(i) Tax matters.
(j) Claims and litigation.
(k) Commodity and option transactions.
(l) Business operations.
(m) Borrowing transactions.
(n) Estate transactions.
(o) All other property powers and transactions.
(LIMITATIONS ON AND ADDITIONS TO THE AGENT'S POWERS MAY BE
INCLUDED IN THIS POWER OF ATTORNEY IF THEY ARE SPECIFICALLY
DESCRIBED BELOW.)
2. The powers granted above shall not include the
following powers or shall be modified or limited in the
following particulars (here you may include any specific
limitations you deem appropriate, such as a prohibition or
conditions on the sale of particular stock or real estate or
special rules on borrowing by the agent):
.............................................................
.............................................................
.............................................................
.............................................................
.............................................................
3. In addition to the powers granted above, I grant my
agent the following powers (here you may add any other
delegable powers including, without limitation, power to make
gifts, exercise powers of appointment, name or change
beneficiaries or joint tenants or revoke or amend any trust
specifically referred to below):
.............................................................
.............................................................
.............................................................
.............................................................
.............................................................
(YOUR AGENT WILL HAVE AUTHORITY TO EMPLOY OTHER PERSONS AS
NECESSARY TO ENABLE THE AGENT TO PROPERLY EXERCISE THE POWERS
GRANTED IN THIS FORM, BUT YOUR AGENT WILL HAVE TO MAKE ALL
DISCRETIONARY DECISIONS. IF YOU WANT TO GIVE YOUR AGENT THE
RIGHT TO DELEGATE DISCRETIONARY DECISION-MAKING POWERS TO
OTHERS, YOU SHOULD KEEP THE NEXT SENTENCE, OTHERWISE IT
SHOULD BE STRUCK OUT.)
4. My agent shall have the right by written instrument
to delegate any or all of the foregoing powers involving
discretionary decision-making to any person or persons whom
my agent may select, but such delegation may be amended or
revoked by any agent (including any successor) named by me
who is acting under this power of attorney at the time of
reference.
(YOUR AGENT WILL BE ENTITLED TO REIMBURSEMENT FOR ALL
REASONABLE EXPENSES INCURRED IN ACTING UNDER THIS POWER OF
ATTORNEY. STRIKE OUT THE NEXT SENTENCE IF YOU DO NOT WANT
YOUR AGENT TO ALSO BE ENTITLED TO REASONABLE COMPENSATION FOR
SERVICES AS AGENT.)
5. My agent shall be entitled to reasonable compensation
for services rendered as agent under this power of attorney.
(THIS POWER OF ATTORNEY MAY BE AMENDED OR REVOKED BY YOU AT
ANY TIME AND IN ANY MANNER. ABSENT AMENDMENT OR REVOCATION,
THE AUTHORITY GRANTED IN THIS POWER OF ATTORNEY WILL BECOME
EFFECTIVE AT THE TIME THIS POWER IS SIGNED AND WILL CONTINUE
UNTIL YOUR DEATH UNLESS A LIMITATION ON THE BEGINNING DATE OR
DURATION IS MADE BY INITIALING AND COMPLETING EITHER (OR
BOTH) OF THE FOLLOWING:)
6. ( ) This power of attorney shall become effective on
.............................................................
(insert a future date or event during your lifetime, such as
court determination of your disability, when you want this
power to first take effect)
7. ( ) This power of attorney shall terminate on
.............................................................
(insert a future date or event, such as court determination
of your disability, when you want this power to terminate
prior to your death)
(IF YOU WISH TO NAME SUCCESSOR AGENTS, INSERT THE NAME(S) AND
ADDRESS(ES) OF SUCH SUCCESSOR(S) IN THE FOLLOWING PARAGRAPH.)
8. If any agent named by me shall die, become
incompetent, resign or refuse to accept the office of agent,
I name the following (each to act alone and successively, in
the order named) as successor(s) to such agent:
.............................................................
.............................................................
For purposes of this paragraph 8, a person shall be
considered to be incompetent if and while the person is a
minor or an adjudicated incompetent or disabled person or the
person is unable to give prompt and intelligent consideration
to business matters, as certified by a licensed physician.
(IF YOU WISH TO NAME YOUR AGENT AS GUARDIAN OF YOUR ESTATE,
IN THE EVENT A COURT DECIDES THAT ONE SHOULD BE APPOINTED,
YOU MAY, BUT ARE NOT REQUIRED TO, DO SO BY RETAINING THE
FOLLOWING PARAGRAPH. THE COURT WILL APPOINT YOUR AGENT IF
THE COURT FINDS THAT SUCH APPOINTMENT WILL SERVE YOUR BEST
INTERESTS AND WELFARE. STRIKE OUT PARAGRAPH 9 IF YOU DO NOT
WANT YOUR AGENT TO ACT AS GUARDIAN.)
9. If a guardian of my estate (my property) is to be
appointed, I nominate the agent acting under this power of
attorney as such guardian, to serve without bond or security.
10. I am fully informed as to all the contents of this
form and understand the full import of this grant of powers
to my agent.
Signed ..................................................
(principal)
(YOU MAY, BUT ARE NOT REQUIRED TO, REQUEST YOUR AGENT AND
SUCCESSOR AGENTS TO PROVIDE SPECIMEN SIGNATURES BELOW. IF
YOU INCLUDE SPECIMEN SIGNATURES IN THIS POWER OF ATTORNEY,
YOU MUST COMPLETE THE CERTIFICATION OPPOSITE THE SIGNATURES
OF THE AGENTS.)
Specimen signatures of I certify that the signatures
agent (and successors) of my agent (and successors)
are correct.
.......................... .............................
(agent) (principal)
.......................... .............................
(successor agent) (principal)
.......................... .............................
(successor agent) (principal)
(THIS POWER OF ATTORNEY WILL NOT BE EFFECTIVE UNLESS IT IS
NOTARIZED AND SIGNED BY AT LEAST ONE ADDITIONAL WITNESS,
USING THE FORM BELOW.)
State of ............)
) SS.
County of ...........)
The undersigned, a notary public in and for the above
county and state, certifies that .......................,
known to me to be the same person whose name is subscribed as
principal to the foregoing power of attorney, appeared before
me and the additional witness in person and acknowledged
signing and delivering the instrument as the free and
voluntary act of the principal, for the uses and purposes
therein set forth (, and certified to the correctness of the
signature(s) of the agent(s)).
Dated: ................ (SEAL)
..............................
Notary Public
My commission expires .................
The undersigned witness certifies that ................,
known to me to be the same person whose name is subscribed as
principal to the foregoing power of attorney, appeared before
me and the notary public and acknowledged signing and
delivering the instrument as the free and voluntary act of
the principal, for the uses and purposes therein set forth.
I believe him or her to be of sound mind and memory.
Dated: ................ (SEAL)
..............................
Witness
(THE NAME AND ADDRESS OF THE PERSON PREPARING THIS FORM
SHOULD BE INSERTED IF THE AGENT WILL HAVE POWER TO CONVEY ANY
INTEREST IN REAL ESTATE.)
This document was prepared by:
.............................................................
............................................................"
The requirement of the signature of an additional witness
imposed by this amendatory Act of the 91st General Assembly
applies only to instruments executed on or after the
effective date of this amendatory Act of the 91st General
Assembly.
(Source: P.A. 86-736.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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