HB1712enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB1712 EnrolledLRB097 08942 AJO 49075 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 Sections 2-3, 2-4, 2-5, and 3-3 as follows:
 
6    (755 ILCS 45/2-3)  (from Ch. 110 1/2, par. 802-3)
7    (Text of Section before amendment by P.A. 96-1195)
8    Sec. 2-3. Definitions. As used in this Act:
9    (a) "Agency" means the written power of attorney or other
10instrument of agency governing the relationship between the
11principal and agent or the relationship, itself, as appropriate
12to the context, and includes agencies dealing with personal or
13health care as well as property. An agency is subject to this
14Act to the extent it may be controlled by the principal,
15excluding agencies and powers for the benefit of the agent.
16    (b) "Agent" means the attorney-in-fact or other person
17designated to act for the principal in the agency.
18    (c) "Disabled person" has the same meaning as in the
19"Probate Act of 1975", as now or hereafter amended. To be under
20a "disability" or "disabled" means to be a disabled person.
21    (d) "Person" means an individual, corporation, trust,
22partnership or other entity, as appropriate to the agency.
23    (e) "Principal" means an individual (including, without

 

 

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1limitation, an individual acting as trustee, representative or
2other fiduciary) who signs a power of attorney or other
3instrument of agency granting powers to an agent.
4(Source: P.A. 85-701.)
 
5    (Text of Section after amendment by P.A. 96-1195)
6    Sec. 2-3. Definitions. As used in this Act:
7    (a) "Agency" means the written power of attorney or other
8instrument of agency governing the relationship between the
9principal and agent or the relationship, itself, as appropriate
10to the context, and includes agencies dealing with personal or
11health care as well as property. An agency is subject to this
12Act to the extent it may be controlled by the principal,
13excluding agencies and powers for the benefit of the agent.
14    (b) "Agent" means the attorney-in-fact or other person
15designated to act for the principal in the agency.
16    (c) "Disabled person" has the same meaning as in the
17"Probate Act of 1975", as now or hereafter amended. To be under
18a "disability" or "disabled" means to be a disabled person.
19    (c-2) "Excluded Power of Attorney" means any one of the
20following:
21        (1) A power of attorney given primarily for a business
22    or commercial purpose.
23        (2) A power of attorney to the extent it is coupled
24    with an interest in the subject of the power.
25        (3) A power of attorney given to or for the benefit of

 

 

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1    a creditor in connection with a loan or other credit
2    transaction or a secured party in connection with a secured
3    transaction.
4        (4) A proxy or other delegation to exercise voting
5    rights or management rights with respect to a corporation,
6    partnership (general or limited), limited liability
7    company, condominium, commercial entity, or association.
8        (5) A power of attorney created on a form prescribed by
9    a government or governmental subdivision, agency, or
10    instrumentality for a governmental purpose.
11        (6) A power of attorney given to facilitate a specific
12    transfer or disposition of one or more identified stocks,
13    bonds, or other assets, whether real or personal, tangible
14    or intangible.
15        (7) A power of attorney authorizing a third party to
16    prepare, execute, deliver, submit or file a document or
17    instrument with a government or governmental subdivision,
18    agency, or instrumentality, or other third party.
19        (8) A power of attorney authorizing a financial
20    institution or employee of a financial institution to take
21    action in relation to an account in which the financial
22    institution (i) holds cash, securities, commodities, or
23    other financial assets on behalf of the principal, or (ii)
24    acts as an investment manager with a third-party serving as
25    the custodian of such cash, securities, commodities, or
26    other financial assets on behalf of the principal.

 

 

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1        (9) A power of attorney given by an individual who is,
2    or is seeking to become, a director, officer, stockholder,
3    employee, partner (general or limited), member, unit
4    owner, equity owner, trustee, manager, or agent of a
5    corporation, a partnership (general or limited), a limited
6    liability company, a condominium, a legal or commercial
7    entity, or an association, in that individual's capacity as
8    such, including a power of attorney contained in a
9    subscription agreement.
10        (10) A power of attorney contained in a certificate of
11    incorporation, bylaws, general or limited partnership
12    agreement, limited liability company agreement,
13    declaration of trust, declaration of condominium,
14    condominium offering plan, or other agreement or
15    instrument governing the internal affairs of an entity or
16    association, authorizing a director, officer, shareholder,
17    employee, partner (general or limited), member, unit
18    owner, equity owner, trustee, manager or other person to
19    take lawful actions relating to such entity or association.
20        (11) A power of attorney given to a licensed real
21    estate broker to take action in connection with a listing
22    of real property, mortgage loan, lease, or management
23    agreement.
24        (12) A power of attorney given to a condominium
25    managing agent to take action in connection with the use,
26    management, and operation of a condominium unit.

 

 

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1        (13) A power of attorney authorizing the acceptance of
2    the service of process on behalf of the principal.
3        (14) A power of attorney created pursuant to
4    authorization provided by a federal or State statute, other
5    than this Act, that specifically contemplates creation of
6    the power.
7    (c-5) "Incapacitated", when used to describe a principal,
8means that the principal is under a legal disability as defined
9in Section 11a-2 of the Probate Act of 1975. A principal shall
10also be considered incapacitated if: (i) a physician licensed
11to practice medicine in all of its branches has examined the
12principal and has determined that the principal lacks decision
13making capacity; (ii) that physician has made a written record
14of this determination and has signed the written record within
1590 days after the examination; and (iii) the written record has
16been delivered to the agent. The agent may rely conclusively on
17the written record.
18    (d) "Person" means an individual, corporation, trust,
19partnership or other entity, as appropriate to the agency.
20    (e) "Principal" means an individual (including, without
21limitation, an individual acting as trustee, representative or
22other fiduciary) who signs a power of attorney or other
23instrument of agency granting powers to an agent.
24(Source: P.A. 96-1195, eff. 7-1-11.)
 
25    (755 ILCS 45/2-4)  (from Ch. 110 1/2, par. 802-4)

 

 

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1    Sec. 2-4. Applicability. (a) The principal may specify in
2the agency the event or time when the agency will begin and
3terminate, the mode of revocation or amendment and the rights,
4powers, duties, limitations, immunities and other terms
5applicable to the agent and to all persons dealing with the
6agent, and the provisions of the agency will control
7notwithstanding this Act, except that every health care agency
8must comply with Section 4-5 of this Act.
9    (b) From and after the effective date of this Act: (1) this
10Act governs every agency, whenever and wherever executed, and
11all acts of the agent to the extent the provisions of this Act
12are not inconsistent with the agency; and (2) this Act applies
13to all agencies exercised in Illinois and to all other agencies
14if the principal is a resident of Illinois at the time the
15agency is signed or at the time of exercise or if the agency
16indicates that Illinois law is to apply. Providing forms of
17statutory property and health care powers in Articles III and
18IV does not limit the applicability of this Act, it being
19intended that every agency, including, without limitation, the
20statutory property and health care power agencies, shall have
21the benefit of and be governed by Article II, by Sections 4-1
22through 4-9 and Section 4-11 of Article IV, and by all other
23general provisions of this Act, except to the extent the terms
24of the agency are inconsistent with this Act.
25    (c) The following portions of this Act shall not apply to
26an excluded power of attorney: Section 2-7(b), Section

 

 

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12-7(c)(2), Section 2-7(c)(3), Section 2-7(c)(4), Section
22-7(d), Section 2-7(f), Section 2-8(b), Section 2-10(d),
3Section 2-10(e), Section 2-10(f), Section 2-10.3(b), Section
42-10.3(c), and Section 2-10.5.
5(Source: P.A. 86-736.)
 
6    (755 ILCS 45/2-5)  (from Ch. 110 1/2, par. 802-5)
7    (Text of Section before amendment by P.A. 96-1195)
8    Sec. 2-5. Duration of agency - amendment and revocation.
9Unless the agency states an earlier termination date, the
10agency continues until the death of the principal,
11notwithstanding any lapse of time, the principal's disability
12or incapacity or appointment of a guardian for the principal
13after the agency is signed. Every agency may be amended or
14revoked by the principal at any time and in any manner
15communicated to the agent or to any other person related to the
16subject matter of the agency, except that revocation and
17amendment of health care agencies are governed by Section 4-6
18of this Act except to the extent the terms of the agencies are
19inconsistent with that Section.
20(Source: P.A. 86-736.)
 
21    (Text of Section after amendment by P.A. 96-1195)
22    Sec. 2-5. Duration of agency - amendment and revocation.
23    (a) Unless the agency states an earlier termination date,
24the agency continues until the death of the principal,

 

 

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1notwithstanding any lapse of time, the principal's disability
2or incapacity or appointment of a guardian for the principal
3after the agency is signed. Every agency may be amended or
4revoked by the principal, if the principal has the capacity to
5do so, at any time and in any manner communicated to the agent
6or to any other person related to the subject matter of the
7agency, except that revocation and amendment of health care
8agencies are governed by Section 4-6 of this Act except to the
9extent the terms of the agencies are inconsistent with that
10Section. The execution of a power of attorney does not revoke a
11power of attorney previously executed by the principal unless
12the subsequent power of attorney provides that the previous
13power of attorney is revoked or that all other powers of
14attorney are revoked.
15    (b) Notwithstanding the provisions of subsection (a), an
16excluded power of attorney may be revoked only by the mechanism
17provided in that power of attorney or, if none, by written
18instrument signed by the principal and the agent making
19specific reference to the excluded power of attorney in
20question. An excluded power of attorney is not revoked by a
21subsequent power of attorney, including but not limited to a
22subsequent power of attorney that states that all other powers
23of attorney are revoked.
24(Source: P.A. 96-1195, eff. 7-1-11.)
 
25    (755 ILCS 45/3-3)  (from Ch. 110 1/2, par. 803-3)

 

 

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1    (Text of Section before amendment by P.A. 96-1195)
2    Sec. 3-3. Statutory short form power of attorney for
3property. The following form may be known as "statutory
4property power" and may be used to grant an agent powers with
5respect to property and financial matters. When a power of
6attorney in substantially the following form is used, including
7the "notice" paragraph at the beginning in capital letters and
8the notarized form of acknowledgment at the end, it shall have
9the meaning and effect prescribed in this Act. The validity of
10a power of attorney as meeting the requirements of a statutory
11property power shall not be affected by the fact that one or
12more of the categories of optional powers listed in the form
13are struck out or the form includes specific limitations on or
14additions to the agent's powers, as permitted by the form.
15Nothing in this Article shall invalidate or bar use by the
16principal of any other or different form of power of attorney
17for property. Nonstatutory property powers must be executed by
18the principal and designate the agent and the agent's powers,
19but they need not be acknowledged or conform in any other
20respect to the statutory property power.
21"ILLINOIS STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY
22    (NOTICE: THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE
23THE PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE
24YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO PLEDGE, SELL OR
25OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT
26ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THIS FORM DOES NOT

 

 

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1IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS; BUT
2WHEN POWERS ARE EXERCISED, YOUR AGENT WILL HAVE TO USE DUE CARE
3TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS FORM AND
4KEEP A RECORD OF RECEIPTS, DISBURSEMENTS AND SIGNIFICANT
5ACTIONS TAKEN AS AGENT. A COURT CAN TAKE AWAY THE POWERS OF
6YOUR AGENT IF IT FINDS THE AGENT IS NOT ACTING PROPERLY. YOU
7MAY NAME SUCCESSOR AGENTS UNDER THIS FORM BUT NOT CO-AGENTS.
8UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THIS POWER IN THE
9MANNER PROVIDED BELOW, UNTIL YOU REVOKE THIS POWER OR A COURT
10ACTING ON YOUR BEHALF TERMINATES IT, YOUR AGENT MAY EXERCISE
11THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU
12BECOME DISABLED. THE POWERS YOU GIVE YOUR AGENT ARE EXPLAINED
13MORE FULLY IN SECTION 3-4 OF THE ILLINOIS "STATUTORY SHORT FORM
14POWER OF ATTORNEY FOR PROPERTY LAW" OF WHICH THIS FORM IS A
15PART (SEE THE BACK OF THIS FORM). THAT LAW EXPRESSLY PERMITS
16THE USE OF ANY DIFFERENT FORM OF POWER OF ATTORNEY YOU MAY
17DESIRE. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT
18UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.)
19    POWER OF ATTORNEY made this .... day of ....... (month)
20...... (year)
21    1. I, ..............., (insert name and address of
22principal) hereby appoint:
23.............................................................
24                  (insert name and address of agent)
25as my attorney-in-fact (my "agent") to act for me and in my
26name (in any way I could act in person) with respect to the

 

 

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1following powers, as defined in Section 3-4 of the "Statutory
2Short Form Power of Attorney for Property Law" (including all
3amendments), but subject to any limitations on or additions to
4the specified powers inserted in paragraph 2 or 3 below:
 
5(YOU MUST STRIKE OUT ANY ONE OR MORE OF THE FOLLOWING
6CATEGORIES OF POWERS YOU DO NOT WANT YOUR AGENT TO HAVE.
7FAILURE TO STRIKE THE TITLE OF ANY CATEGORY WILL CAUSE THE
8POWERS DESCRIBED IN THAT CATEGORY TO BE GRANTED TO THE AGENT.
9TO STRIKE OUT A CATEGORY YOU MUST DRAW A LINE THROUGH THE TITLE
10OF THAT CATEGORY.)
11    (a) Real estate transactions.
12    (b) Financial institution transactions.
13    (c) Stock and bond transactions.
14    (d) Tangible personal property transactions.
15    (e) Safe deposit box transactions.
16    (f) Insurance and annuity transactions.
17    (g) Retirement plan transactions.
18    (h) Social Security, employment and military service
19benefits.
20    (i) Tax matters.
21    (j) Claims and litigation.
22    (k) Commodity and option transactions.
23    (l) Business operations.
24    (m) Borrowing transactions.
25    (n) Estate transactions.

 

 

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1    (o) All other property powers and transactions.
2(LIMITATIONS ON AND ADDITIONS TO THE AGENT'S POWERS MAY BE
3INCLUDED IN THIS POWER OF ATTORNEY IF THEY ARE SPECIFICALLY
4DESCRIBED BELOW.)
5    2. The powers granted above shall not include the following
6powers or shall be modified or limited in the following
7particulars (here you may include any specific limitations you
8deem appropriate, such as a prohibition or conditions on the
9sale of particular stock or real estate or special rules on
10borrowing by the agent):
11.............................................................
12.............................................................
13.............................................................
14.............................................................
15.............................................................
16    3. In addition to the powers granted above, I grant my
17agent the following powers (here you may add any other
18delegable powers including, without limitation, power to make
19gifts, exercise powers of appointment, name or change
20beneficiaries or joint tenants or revoke or amend any trust
21specifically referred to below):
22.............................................................
23.............................................................
24.............................................................
25.............................................................
26.............................................................

 

 

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1(YOUR AGENT WILL HAVE AUTHORITY TO EMPLOY OTHER PERSONS AS
2NECESSARY TO ENABLE THE AGENT TO PROPERLY EXERCISE THE POWERS
3GRANTED IN THIS FORM, BUT YOUR AGENT WILL HAVE TO MAKE ALL
4DISCRETIONARY DECISIONS. IF YOU WANT TO GIVE YOUR AGENT THE
5RIGHT TO DELEGATE DISCRETIONARY DECISION-MAKING POWERS TO
6OTHERS, YOU SHOULD KEEP THE NEXT SENTENCE, OTHERWISE IT SHOULD
7BE STRUCK OUT.)
8    4. My agent shall have the right by written instrument to
9delegate any or all of the foregoing powers involving
10discretionary decision-making to any person or persons whom my
11agent may select, but such delegation may be amended or revoked
12by any agent (including any successor) named by me who is
13acting under this power of attorney at the time of reference.
14(YOUR AGENT WILL BE ENTITLED TO REIMBURSEMENT FOR ALL
15REASONABLE EXPENSES INCURRED IN ACTING UNDER THIS POWER OF
16ATTORNEY. STRIKE OUT THE NEXT SENTENCE IF YOU DO NOT WANT YOUR
17AGENT TO ALSO BE ENTITLED TO REASONABLE COMPENSATION FOR
18SERVICES AS AGENT.)
19    5. My agent shall be entitled to reasonable compensation
20for services rendered as agent under this power of attorney.
21(THIS POWER OF ATTORNEY MAY BE AMENDED OR REVOKED BY YOU AT ANY
22TIME AND IN ANY MANNER. ABSENT AMENDMENT OR REVOCATION, THE
23AUTHORITY GRANTED IN THIS POWER OF ATTORNEY WILL BECOME
24EFFECTIVE AT THE TIME THIS POWER IS SIGNED AND WILL CONTINUE
25UNTIL YOUR DEATH UNLESS A LIMITATION ON THE BEGINNING DATE OR
26DURATION IS MADE BY INITIALING AND COMPLETING EITHER (OR BOTH)

 

 

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1OF THE FOLLOWING:)
2    6. ( ) This power of attorney shall become effective on
3.............................................................
4(insert a future date or event during your lifetime, such as
5court determination of your disability, when you want this
6power to first take effect)
7    7. ( ) This power of attorney shall terminate on
8.............................................................
9(insert a future date or event, such as court determination of
10your disability, when you want this power to terminate prior to
11your death)
12(IF YOU WISH TO NAME SUCCESSOR AGENTS, INSERT THE NAME(S) AND
13ADDRESS(ES) OF SUCH SUCCESSOR(S) IN THE FOLLOWING PARAGRAPH.)
14    8. If any agent named by me shall die, become incompetent,
15resign or refuse to accept the office of agent, I name the
16following (each to act alone and successively, in the order
17named) as successor(s) to such agent:
18.............................................................
19.............................................................
20For purposes of this paragraph 8, a person shall be considered
21to be incompetent if and while the person is a minor or an
22adjudicated incompetent or disabled person or the person is
23unable to give prompt and intelligent consideration to business
24matters, as certified by a licensed physician. (IF YOU WISH TO
25NAME YOUR AGENT AS GUARDIAN OF YOUR ESTATE, IN THE EVENT A
26COURT DECIDES THAT ONE SHOULD BE APPOINTED, YOU MAY, BUT ARE

 

 

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1NOT REQUIRED TO, DO SO BY RETAINING THE FOLLOWING PARAGRAPH.
2THE COURT WILL APPOINT YOUR AGENT IF THE COURT FINDS THAT SUCH
3APPOINTMENT WILL SERVE YOUR BEST INTERESTS AND WELFARE. STRIKE
4OUT PARAGRAPH 9 IF YOU DO NOT WANT YOUR AGENT TO ACT AS
5GUARDIAN.)
6    9. If a guardian of my estate (my property) is to be
7appointed, I nominate the agent acting under this power of
8attorney as such guardian, to serve without bond or security.
9    10. I am fully informed as to all the contents of this form
10and understand the full import of this grant of powers to my
11agent.
12    Signed ..................................................
13
(principal)
              
14    (YOU MAY, BUT ARE NOT REQUIRED TO, REQUEST YOUR AGENT AND
15SUCCESSOR AGENTS TO PROVIDE SPECIMEN SIGNATURES BELOW. IF YOU
16INCLUDE SPECIMEN SIGNATURES IN THIS POWER OF ATTORNEY, YOU MUST
17COMPLETE THE CERTIFICATION OPPOSITE THE SIGNATURES OF THE
18AGENTS.)
19Specimen signatures of         I certify that the signatures
20agent (and successors)         of my agent (and successors)
21                               are correct.
22..........................     .............................
23         (agent)                       (principal)
24..........................     .............................
25    (successor agent)                  (principal)
26..........................     .............................

 

 

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1    (successor agent)                  (principal)
2(THIS POWER OF ATTORNEY WILL NOT BE EFFECTIVE UNLESS IT IS
3NOTARIZED AND SIGNED BY AT LEAST ONE ADDITIONAL WITNESS, USING
4THE FORM BELOW.)
5State of ............)
6                     ) SS.
7County of ...........)
8    The undersigned, a notary public in and for the above
9county and state, certifies that .......................,
10known to me to be the same person whose name is subscribed as
11principal to the foregoing power of attorney, appeared before
12me and the additional witness in person and acknowledged
13signing and delivering the instrument as the free and voluntary
14act of the principal, for the uses and purposes therein set
15forth (, and certified to the correctness of the signature(s)
16of the agent(s)).
17Dated: ................ (SEAL)
18
..............................
19
Notary Public
20    My commission expires .................
21The undersigned witness certifies that ................, known
22to me to be the same person whose name is subscribed as
23principal to the foregoing power of attorney, appeared before
24me and the notary public and acknowledged signing and
25delivering the instrument as the free and voluntary act of the
26principal, for the uses and purposes therein set forth. I

 

 

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1believe him or her to be of sound mind and memory.
2Dated: ................ (SEAL)
3
..............................
4
Witness
5(THE NAME AND ADDRESS OF THE PERSON PREPARING THIS FORM SHOULD
6BE INSERTED IF THE AGENT WILL HAVE POWER TO CONVEY ANY INTEREST
7IN REAL ESTATE.)
8This document was prepared by:
9.............................................................
10............................................................."
11    The requirement of the signature of an additional witness
12imposed by this amendatory Act of the 91st General Assembly
13applies only to instruments executed on or after the effective
14date of this amendatory Act of the 91st General Assembly.
15(Source: P.A. 91-790, eff. 6-9-00.)
 
16    (Text of Section after amendment by P.A. 96-1195)
17    Sec. 3-3. Statutory short form power of attorney for
18property.
19    (a) The form prescribed in this Section may be known as
20"statutory property power" and may be used to grant an agent
21powers with respect to property and financial matters. The
22"statutory property power" consists of the following: (1)
23Notice to the Individual Signing the Illinois Statutory Short
24Form Power of Attorney for Property; (2) Illinois Statutory
25Short Form Power of Attorney for Property; and (3) Notice to

 

 

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1Agent. When a power of attorney in substantially the form
2prescribed in this Section is used, including all 3 items
3above, with item (1), the Notice to Individual Signing the
4Illinois Statutory Short Form Power of Attorney for Property,
5on a separate sheet (coversheet) in 14-point type and the
6notarized form of acknowledgment at the end, it shall have the
7meaning and effect prescribed in this Act.
8    (b) A power of attorney shall also be deemed to be in
9substantially the same format as the statutory form if the
10explanatory language throughout the form (the language
11following the designation "NOTE:") is distinguished in some way
12from the legal paragraphs in the form, such as the use of
13boldface or other difference in typeface and font or point
14size, even if the "Notice" paragraphs at the beginning are not
15on a separate sheet of paper or are not in 14-point type, or if
16the principal's initials do not appear in the acknowledgement
17at the end of the "Notice" paragraphs.
18    The validity of a power of attorney as meeting the
19requirements of a statutory property power shall not be
20affected by the fact that one or more of the categories of
21optional powers listed in the form are struck out or the form
22includes specific limitations on or additions to the agent's
23powers, as permitted by the form. Nothing in this Article shall
24invalidate or bar use by the principal of any other or
25different form of power of attorney for property. Nonstatutory
26property powers (i) must be executed by the principal, (ii)

 

 

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1must designate the agent and the agent's powers, (iii) must be
2signed by at least one witness to the principal's signature,
3and (iv) must indicate that the principal has acknowledged his
4or her signature before a notary public. However, nonstatutory
5property powers need not conform in any other respect to the
6statutory property power.
7    (c) The Notice to the Individual Signing the Illinois
8Statutory Short Form Power of Attorney for Property shall be
9substantially as follows:
 
10
"NOTICE TO THE INDIVIDUAL SIGNING THE ILLINOIS
11
STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY.

 
12    PLEASE READ THIS NOTICE CAREFULLY. The form that you will
13be signing is a legal document. It is governed by the Illinois
14Power of Attorney Act. If there is anything about this form
15that you do not understand, you should ask a lawyer to explain
16it to you.
17    The purpose of this Power of Attorney is to give your
18designated "agent" broad powers to handle your financial
19affairs, which may include the power to pledge, sell, or
20dispose of any of your real or personal property, even without
21your consent or any advance notice to you. When using the
22Statutory Short Form, you may name successor agents, but you
23may not name co-agents.
24    This form does not impose a duty upon your agent to handle

 

 

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1your financial affairs, so it is important that you select an
2agent who will agree to do this for you. It is also important
3to select an agent whom you trust, since you are giving that
4agent control over your financial assets and property. Any
5agent who does act for you has a duty to act in good faith for
6your benefit and to use due care, competence, and diligence. He
7or she must also act in accordance with the law and with the
8directions in this form. Your agent must keep a record of all
9receipts, disbursements, and significant actions taken as your
10agent.
11    Unless you specifically limit the period of time that this
12Power of Attorney will be in effect, your agent may exercise
13the powers given to him or her throughout your lifetime, both
14before and after you become incapacitated. A court, however,
15can take away the powers of your agent if it finds that the
16agent is not acting properly. You may also revoke this Power of
17Attorney if you wish.
18    This Power of Attorney does not authorize your agent to
19appear in court for you as an attorney-at-law or otherwise to
20engage in the practice of law unless he or she is a licensed
21attorney who is authorized to practice law in Illinois.
22    The powers you give your agent are explained more fully in
23Section 3-4 of the Illinois Power of Attorney Act. This form is
24a part of that law. The "NOTE" paragraphs throughout this form
25are instructions.
26    You are not required to sign this Power of Attorney, but it

 

 

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1will not take effect without your signature. You should not
2sign this Power of Attorney if you do not understand everything
3in it, and what your agent will be able to do if you do sign it.
 
4    Please place your initials on the following line indicating
5that you have read this Notice:
6
.....................
7
Principal's initials"

 
8    (d) The Illinois Statutory Short Form Power of Attorney for
9Property shall be substantially as follows:
 
10
"ILLINOIS STATUTORY SHORT FORM
11
POWER OF ATTORNEY FOR PROPERTY

 
12    1. I, ..............., (insert name and address of
13principal) hereby revoke all prior powers of attorney for
14property executed by me, other than excluded powers of attorney
15as defined in the Illinois Power of Attorney Act, and appoint:
16.............................................................
17                  (insert name and address of agent)
18    (NOTE: You may not name co-agents using this form.)
19as my attorney-in-fact (my "agent") to act for me and in my
20name (in any way I could act in person) with respect to the
21following powers, as defined in Section 3-4 of the "Statutory
22Short Form Power of Attorney for Property Law" (including all

 

 

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1amendments), but subject to any limitations on or additions to
2the specified powers inserted in paragraph 2 or 3 below:
 
3(NOTE: You must strike out any one or more of the following
4categories of powers you do not want your agent to have.
5Failure to strike the title of any category will cause the
6powers described in that category to be granted to the agent.
7To strike out a category you must draw a line through the title
8of that category.)
9    (a) Real estate transactions.
10    (b) Financial institution transactions.
11    (c) Stock and bond transactions.
12    (d) Tangible personal property transactions.
13    (e) Safe deposit box transactions.
14    (f) Insurance and annuity transactions.
15    (g) Retirement plan transactions.
16    (h) Social Security, employment and military service
17benefits.
18    (i) Tax matters.
19    (j) Claims and litigation.
20    (k) Commodity and option transactions.
21    (l) Business operations.
22    (m) Borrowing transactions.
23    (n) Estate transactions.
24    (o) All other property transactions.
25(NOTE: Limitations on and additions to the agent's powers may

 

 

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1be included in this power of attorney if they are specifically
2described below.)
3    2. The powers granted above shall not include the following
4powers or shall be modified or limited in the following
5particulars:
6(NOTE: Here you may include any specific limitations you deem
7appropriate, such as a prohibition or conditions on the sale of
8particular stock or real estate or special rules on borrowing
9by the agent.)
10.............................................................
11.............................................................
12.............................................................
13.............................................................
14.............................................................
15    3. In addition to the powers granted above, I grant my
16agent the following powers:
17(NOTE: Here you may add any other delegable powers including,
18without limitation, power to make gifts, exercise powers of
19appointment, name or change beneficiaries or joint tenants or
20revoke or amend any trust specifically referred to below.)
21.............................................................
22.............................................................
23.............................................................
24.............................................................
25.............................................................
26(NOTE: Your agent will have authority to employ other persons

 

 

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1as necessary to enable the agent to properly exercise the
2powers granted in this form, but your agent will have to make
3all discretionary decisions. If you want to give your agent the
4right to delegate discretionary decision-making powers to
5others, you should keep paragraph 4, otherwise it should be
6struck out.)
7    4. My agent shall have the right by written instrument to
8delegate any or all of the foregoing powers involving
9discretionary decision-making to any person or persons whom my
10agent may select, but such delegation may be amended or revoked
11by any agent (including any successor) named by me who is
12acting under this power of attorney at the time of reference.
13(NOTE: Your agent will be entitled to reimbursement for all
14reasonable expenses incurred in acting under this power of
15attorney. Strike out paragraph 5 if you do not want your agent
16to also be entitled to reasonable compensation for services as
17agent.)
18    5. My agent shall be entitled to reasonable compensation
19for services rendered as agent under this power of attorney.
20(NOTE: This power of attorney may be amended or revoked by you
21at any time and in any manner. Absent amendment or revocation,
22the authority granted in this power of attorney will become
23effective at the time this power is signed and will continue
24until your death, unless a limitation on the beginning date or
25duration is made by initialing and completing one or both of
26paragraphs 6 and 7:)

 

 

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1    6. ( ) This power of attorney shall become effective on
2.............................................................
3(NOTE: Insert a future date or event during your lifetime, such
4as a court determination of your disability or a written
5determination by your physician that you are incapacitated,
6when you want this power to first take effect.)
7    7. ( ) This power of attorney shall terminate on
8.............................................................
9(NOTE: Insert a future date or event, such as a court
10determination that you are not under a legal disability or a
11written determination by your physician that you are not
12incapacitated, if you want this power to terminate prior to
13your death.)
14(NOTE: If you wish to name one or more successor agents, insert
15the name and address of each successor agent in paragraph 8.)
16    8. If any agent named by me shall die, become incompetent,
17resign or refuse to accept the office of agent, I name the
18following (each to act alone and successively, in the order
19named) as successor(s) to such agent:
20.............................................................
21.............................................................
22For purposes of this paragraph 8, a person shall be considered
23to be incompetent if and while the person is a minor or an
24adjudicated incompetent or disabled person or the person is
25unable to give prompt and intelligent consideration to business
26matters, as certified by a licensed physician.

 

 

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1(NOTE: If you wish to, you may name your agent as guardian of
2your estate if a court decides that one should be appointed. To
3do this, retain paragraph 9, and the court will appoint your
4agent if the court finds that this appointment will serve your
5best interests and welfare. Strike out paragraph 9 if you do
6not want your agent to act as guardian.)
7    9. If a guardian of my estate (my property) is to be
8appointed, I nominate the agent acting under this power of
9attorney as such guardian, to serve without bond or security.
10    10. I am fully informed as to all the contents of this form
11and understand the full import of this grant of powers to my
12agent.
13(NOTE: This form does not authorize your agent to appear in
14court for you as an attorney-at-law or otherwise to engage in
15the practice of law unless he or she is a licensed attorney who
16is authorized to practice law in Illinois.)
17    11. The Notice to Agent is incorporated by reference and
18included as part of this form.
19Dated: ................
20            Signed ..........................................
21
(principal)

 
22(NOTE: This power of attorney will not be effective unless it
23is signed by at least one witness and your signature is
24notarized, using the form below. The notary may not also sign
25as a witness.)
 

 

 

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1The undersigned witness certifies that ..............., known
2to me to be the same person whose name is subscribed as
3principal to the foregoing power of attorney, appeared before
4me and the notary public and acknowledged signing and
5delivering the instrument as the free and voluntary act of the
6principal, for the uses and purposes therein set forth. I
7believe him or her to be of sound mind and memory. The
8undersigned witness also certifies that the witness is not: (a)
9the attending physician or mental health service provider or a
10relative of the physician or provider; (b) an owner, operator,
11or relative of an owner or operator of a health care facility
12in which the principal is a patient or resident; (c) a parent,
13sibling, descendant, or any spouse of such parent, sibling, or
14descendant of either the principal or any agent or successor
15agent under the foregoing power of attorney, whether such
16relationship is by blood, marriage, or adoption; or (d) an
17agent or successor agent under the foregoing power of attorney.
18Dated: ................
19
..............................
20
Witness

 
21(NOTE: Illinois requires only one witness, but other
22jurisdictions may require more than one witness. If you wish to
23have a second witness, have him or her certify and sign here:)
 

 

 

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1(Second witness) The undersigned witness certifies that
2................, known to me to be the same person whose name
3is subscribed as principal to the foregoing power of attorney,
4appeared before me and the notary public and acknowledged
5signing and delivering the instrument as the free and voluntary
6act of the principal, for the uses and purposes therein set
7forth. I believe him or her to be of sound mind and memory. The
8undersigned witness also certifies that the witness is not: (a)
9the attending physician or mental health service provider or a
10relative of the physician or provider; (b) an owner, operator,
11or relative of an owner or operator of a health care facility
12in which the principal is a patient or resident; (c) a parent,
13sibling, descendant, or any spouse of such parent, sibling, or
14descendant of either the principal or any agent or successor
15agent under the foregoing power of attorney, whether such
16relationship is by blood, marriage, or adoption; or (d) an
17agent or successor agent under the foregoing power of attorney.
18Dated: .......................
19
..............................
20
Witness

 
21State of ............)
22                     ) SS.
23County of ...........)
24    The undersigned, a notary public in and for the above
25county and state, certifies that .......................,

 

 

HB1712 Enrolled- 29 -LRB097 08942 AJO 49075 b

1known to me to be the same person whose name is subscribed as
2principal to the foregoing power of attorney, appeared before
3me and the witness(es) ............. (and ..............) in
4person and acknowledged signing and delivering the instrument
5as the free and voluntary act of the principal, for the uses
6and purposes therein set forth (, and certified to the
7correctness of the signature(s) of the agent(s)).
8Dated: ................ 
9
..............................
10
Notary Public
11    My commission expires .................
 
12(NOTE: You may, but are not required to, request your agent and
13successor agents to provide specimen signatures below. If you
14include specimen signatures in this power of attorney, you must
15complete the certification opposite the signatures of the
16agents.)
 
17Specimen signatures of         I certify that the signatures
18agent (and successors)         of my agent (and successors)
19                               are genuine.
20..........................     .............................
21         (agent)                       (principal)
22..........................     .............................
23    (successor agent)                  (principal)
24..........................     .............................

 

 

HB1712 Enrolled- 30 -LRB097 08942 AJO 49075 b

1    (successor agent)                  (principal)
 
2(NOTE: The name, address, and phone number of the person
3preparing this form or who assisted the principal in completing
4this form should be inserted below.)
5Name:  ....................... 
6Address:  .................... 
7.............................. 
8.............................. 
9Phone: .................... "
 
10    (e) Notice to Agent. The following form may be known as
11"Notice to Agent" and shall be supplied to an agent appointed
12under a power of attorney for property.
 
13
"NOTICE TO AGENT
14    When you accept the authority granted under this power of
15attorney a special legal relationship, known as agency, is
16created between you and the principal. Agency imposes upon you
17duties that continue until you resign or the power of attorney
18is terminated or revoked.
19    As agent you must:
20        (1) do what you know the principal reasonably expects
21    you to do with the principal's property;
22        (2) act in good faith for the best interest of the
23    principal, using due care, competence, and diligence;

 

 

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1        (3) keep a complete and detailed record of all
2    receipts, disbursements, and significant actions conducted
3    for the principal;
4        (4) attempt to preserve the principal's estate plan, to
5    the extent actually known by the agent, if preserving the
6    plan is consistent with the principal's best interest; and
7        (5) cooperate with a person who has authority to make
8    health care decisions for the principal to carry out the
9    principal's reasonable expectations to the extent actually
10    in the principal's best interest.
11    As agent you must not do any of the following:
12        (1) act so as to create a conflict of interest that is
13    inconsistent with the other principles in this Notice to
14    Agent;
15        (2) do any act beyond the authority granted in this
16    power of attorney;
17        (3) commingle the principal's funds with your funds;
18        (4) borrow funds or other property from the principal,
19    unless otherwise authorized;
20        (5) continue acting on behalf of the principal if you
21    learn of any event that terminates this power of attorney
22    or your authority under this power of attorney, such as the
23    death of the principal, your legal separation from the
24    principal, or the dissolution of your marriage to the
25    principal.
26    If you have special skills or expertise, you must use those

 

 

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1special skills and expertise when acting for the principal. You
2must disclose your identity as an agent whenever you act for
3the principal by writing or printing the name of the principal
4and signing your own name "as Agent" in the following manner:
5    "(Principal's Name) by (Your Name) as Agent"
6    The meaning of the powers granted to you is contained in
7Section 3-4 of the Illinois Power of Attorney Act, which is
8incorporated by reference into the body of the power of
9attorney for property document.
10    If you violate your duties as agent or act outside the
11authority granted to you, you may be liable for any damages,
12including attorney's fees and costs, caused by your violation.
13    If there is anything about this document or your duties
14that you do not understand, you should seek legal advice from
15an attorney."
 
16    (f) The requirement of the signature of a witness in
17addition to the principal and the notary, imposed by Public Act
1891-790, applies only to instruments executed on or after June
199, 2000 (the effective date of that Public Act).
20(NOTE: This amendatory Act of the 96th General Assembly deletes
21provisions that referred to the one required witness as an
22"additional witness", and it also provides for the signature of
23an optional "second witness".)
24(Source: P.A. 96-1195, eff. 7-1-11.)
 

 

 

HB1712 Enrolled- 33 -LRB097 08942 AJO 49075 b

1    Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.