Bill Status of HB 4136   96th General Assembly


Short Description:  PWR ATTY-CERTIF-COAGENCY

House Sponsors
Rep. Patricia R. Bellock

Last Action  View All Actions

DateChamber Action
  1/11/2011HouseSession Sine Die

Statutes Amended In Order of Appearance
755 ILCS 45/2-1from Ch. 110 1/2, par. 802-1
755 ILCS 45/2-5from Ch. 110 1/2, par. 802-5
755 ILCS 45/2-8from Ch. 110 1/2, par. 802-8
755 ILCS 45/2-10from Ch. 110 1/2, par. 802-10
755 ILCS 45/2-10.5 new
755 ILCS 45/2-10.6 new
755 ILCS 45/2-11from Ch. 110 1/2, par. 802-11
755 ILCS 45/3-3from Ch. 110 1/2, par. 803-3
755 ILCS 45/3-3.5 new
755 ILCS 45/3-3.6 new
755 ILCS 45/4-5.1 new
755 ILCS 45/4-10from Ch. 110 1/2, par. 804-10
755 ILCS 45/4-12from Ch. 110 1/2, par. 804-12

Synopsis As Introduced
Amends the Illinois Power of Attorney Act. Provides that an agent shall furnish a notarized certificate to the reliant (instead of the agent shall furnish a reliant an affidavit on demand stating that the principal is alive and the agent's powers have not been altered or terminated) which includes: the agent's duties; requirements that an agent avoid conflicts, keep records, and not commingle funds; awareness that liability may arise from a violation; and the principal is alive. Provides that a principal shall not have co-agents. Provides that a health care agency shall be witnessed by 2 people none of whom are: a medical care or other provider, or his or her relative; a parent, sibling, descendant, or any spouse of the principal or agent; or an agent or successor agent. Provides that an agent may make decisions concerning anatomical gifts and a person's remains. Provides that a power shall identify the person preparing the form. Provides that the health form must include a choice allowing the principal to have life prolonged unless permanently unconsciousness. Provides that if the power of attorney grants authority to co-agents, it shall be exercisable by majority vote, unless prompt action is required by one agent. Provides that an agent is not liable for another agent's actions unless the agent participates in or conceals a breach of fiduciary duty. Provides that these provisions do not invalidate any prior agency or any agent's act, or affect any claim that accrued before the effective date. Makes other changes.

Actions 
DateChamber Action
  2/27/2009HouseFiled with the Clerk by Rep. Patricia R. Bellock
  2/27/2009HouseFirst Reading
  2/27/2009HouseReferred to Rules Committee
  3/4/2009HouseAssigned to Judiciary I - Civil Law Committee
  3/13/2009HouseRule 19(a) / Re-referred to Rules Committee
  1/11/2011HouseSession Sine Die

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