Public Act 094-0850
 		





SB2601 Enrolled
LRB094 16176 AJO 51419 b






    AN ACT concerning civil law.

 
    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 2-7.5 as follows:
 



    (755 ILCS 45/2-7.5)



    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; (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; 
or (iii) by a representative of the Office of Inspector General 
for the Department of Human Services acting in the course of an 
assessment of a complaint of financial exploitation of an adult 
with disabilities pursuant to Section 35 of the Abuse of Adults 
with Disabilities Intervention Act.

    (c) If the agent fails to provide his or her record of all 
receipts, disbursements, and significant actions within 21 
days after a request under paragraph (b), the elder abuse 
provider agency or the State Long Term Care Ombudsman may 
petition the court for an order requiring the agent to produce 
his or her record of receipts, disbursements, and significant 
actions. If the court finds that the agent's failure to provide 
his or her record in a timely manner to the elder abuse 
provider agency or the State Long Term Care Ombudsman was 
without good cause, the court may assess reasonable costs and 
attorney's fees against the agent, and order such other relief 
as is appropriate.

(Source: P.A. 94-500, eff. 8-8-05.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.