Full Text of SB3421 103rd General Assembly
SB3421sam001 103RD GENERAL ASSEMBLY | Sen. Ann Gillespie Filed: 2/28/2024 | | 10300SB3421sam001 | | LRB103 37783 JRC 69923 a |
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| 1 | | AMENDMENT TO SENATE BILL 3421
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3421 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Illinois Power of Attorney Act is amended | 5 | | by changing Section 2-8 as follows: | 6 | | (755 ILCS 45/2-8) (from Ch. 110 1/2, par. 802-8) | 7 | | Sec. 2-8. Reliance on document purporting to establish an | 8 | | agency. | 9 | | (a) Any person who acts in good faith reliance on a copy of | 10 | | a document purporting to establish an agency will be fully | 11 | | protected and released to the same extent as though the | 12 | | reliant had dealt directly with the named principal as a | 13 | | fully-competent person. The named agent shall furnish an | 14 | | affidavit or Agent's Certification and Acceptance of Authority | 15 | | to the reliant on demand stating that the instrument relied on | 16 | | is a true copy of the agency and that, to the best of the named |
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| 1 | | agent's knowledge, the named principal is alive and the | 2 | | relevant powers of the named agent have not been altered or | 3 | | terminated; but good faith reliance on a document purporting | 4 | | to establish an agency will protect the reliant without the | 5 | | affidavit or Agent's Certification and Acceptance of | 6 | | Authority. | 7 | | (b) Upon request, the named agent in a power of attorney | 8 | | shall furnish an Agent's Certification and Acceptance of | 9 | | Authority to the reliant in substantially the following form: | 10 | | AGENT'S CERTIFICATION AND ACCEPTANCE OF AUTHORITY | 11 | | I, .......... (insert name of agent), certify that the | 12 | | attached is a true copy of a power of attorney naming the | 13 | | undersigned as agent or successor agent for ............. | 14 | | (insert name of principal). | 15 | | I certify that to the best of my knowledge the principal | 16 | | had the capacity to execute the power of attorney, is alive, | 17 | | and has not revoked the power of attorney; that my powers as | 18 | | agent have not been altered or terminated; and that the power | 19 | | of attorney remains in full force and effect. | 20 | | I accept appointment as agent under this power of | 21 | | attorney. | 22 | | This certification and acceptance is made under penalty of | 23 | | perjury.* | 24 | | Dated: ............ |
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| 1 | | .......................
| 2 | | (Agent's Signature)
| 3 | | .......................
| 4 | | (Print Agent's Name)
| 5 | | .......................
| 6 | | (Agent's Address)
| 7 | | *(NOTE: Perjury is defined in Section 32-2 of the Criminal | 8 | | Code of 2012, and is a Class 3 felony.) | 9 | | (c) Any person dealing with an agent named in a copy of a | 10 | | document purporting to establish an agency may presume, in the | 11 | | absence of actual knowledge to the contrary, that the document | 12 | | purporting to establish the agency was validly executed, that | 13 | | the agency was validly established, that the named principal | 14 | | was competent at the time of execution, and that, at the time | 15 | | of reliance, the named principal is alive, the agency was | 16 | | validly established and has not terminated or been amended, | 17 | | the relevant powers of the named agent were properly and | 18 | | validly granted and have not terminated or been amended, and | 19 | | the acts of the named agent conform to the standards of this | 20 | | Act. No person relying on a copy of a document purporting to | 21 | | establish an agency shall be required to see to the | 22 | | application of any property delivered to or controlled by the | 23 | | named agent or to question the authority of the named agent. | 24 | | (d) Each person to whom a direction by the named agent in | 25 | | accordance with the terms of the copy of the document |
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| 1 | | purporting to establish an agency is communicated shall comply | 2 | | with that direction, and any person who fails to comply | 3 | | arbitrarily or without reasonable cause shall be subject to | 4 | | civil liability for any damages resulting from noncompliance. | 5 | | A health care provider who complies with Section 4-7 shall not | 6 | | be deemed to have acted arbitrarily or without reasonable | 7 | | cause. | 8 | | (e) Unreasonable cause to refuse to honor. It shall be | 9 | | deemed unreasonable for a third party to refuse to honor an | 10 | | Illinois statutory short form power of attorney properly | 11 | | executed in accordance with the laws in effect at the time of | 12 | | its execution, if the only reason for the refusal is any of the | 13 | | following: (1) the power of attorney is not on a form the third | 14 | | party receiving such power prescribes, regardless of any form | 15 | | the terms of any account agreement between the account holder | 16 | | and third party requires; (2) there has been a lapse of time | 17 | | since the execution of the power of attorney; (3) on the face | 18 | | of the statutory short form power of attorney, there is a lapse | 19 | | of time between the date of acknowledgment of the signature of | 20 | | the principal and the date of the acceptance by the agent; (4) | 21 | | the document provided does not bear an original signature, | 22 | | original witness, or original notarization but is accompanied | 23 | | by a properly executed Agent's Certification and Acceptance of | 24 | | Authority or Successor Agent's Certification and Acceptance of | 25 | | Authority bearing the original signature of the named agent; | 26 | | or (5) the document appoints an entity as the agent. Nothing in |
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| 1 | | this Section shall be interpreted as prohibiting or limiting a | 2 | | third party from requiring the named agent to furnish a | 3 | | properly executed Agent's Certification and Acceptance of | 4 | | Authority, Successor Agent's Certification and Acceptance of | 5 | | Authority, or Co-Agent's Certification and Acceptance of | 6 | | Authority under this Act. | 7 | | (f) Reasonable cause to refuse to honor. Reasons for which | 8 | | it shall be deemed reasonable cause for a third party to refuse | 9 | | to honor a power of attorney for property include, but are not | 10 | | limited to, the following: | 11 | | (1) the refusal by the agent to provide an affidavit | 12 | | or Agent's Certification and Acceptance of Authority; | 13 | | (2) the refusal by the agent to provide a copy of the | 14 | | original document that is certified to be valid by an | 15 | | attorney, a court order, or governmental entity; | 16 | | (3) the person's good faith referral of the principal | 17 | | and the agent or a person acting for or with the agent to | 18 | | the local adult protective services unit; | 19 | | (4) actual knowledge or a reasonable basis for | 20 | | believing in the existence of a report having been made by | 21 | | any person to the local adult protective services unit | 22 | | alleging physical or financial abuse, neglect, | 23 | | exploitation, or abandonment of the principal by the agent | 24 | | or a person acting for the agent; | 25 | | (5) actual knowledge of the principal's death or a | 26 | | reasonable basis for believing the principal has died; |
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| 1 | | (6) actual knowledge of the incapacity of the | 2 | | principal or a reasonable basis for believing the | 3 | | principal is incapacitated; | 4 | | (7) actual knowledge or a reasonable basis for | 5 | | believing that the principal was incapacitated at the time | 6 | | the power of attorney was executed; | 7 | | (8) actual knowledge or a reasonable basis for | 8 | | believing: | | | (A) the power of attorney was procured through | 9 | | fraud, duress, or undue influence, or (B) the agent is | 10 | | engaged in fraud or abuse of the principal; | 11 | | (9) actual notice of the termination or revocation of | 12 | | the power of attorney or a reasonable basis for believing | 13 | | that the power of attorney has been terminated or revoked; | 14 | | (10) the refusal by a title insurance company to | 15 | | underwrite title insurance for a gift of real property | 16 | | made pursuant to a statutory short form power of attorney | 17 | | that does not contain express instructions or purposes of | 18 | | the principal with respect to gifts in paragraph 3 of the | 19 | | statutory short form power of attorney; | 20 | | (11) the refusal of the principal's attorney to | 21 | | provide a certificate that the power of attorney is valid; | 22 | | (12) a missing or incorrect signature, an invalid | 23 | | notarization, or an unacceptable power of attorney | 24 | | identification; | 25 | | (13) the third party: (A) has filed a suspicious | 26 | | activity report as described by 31 U.S.C. 5318(g) with |
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| 1 | | respect to the principal or agent; (B) believes in good | 2 | | faith that the principal or agent has a prior criminal | 3 | | history involving financial crimes; or (C) has had a | 4 | | previous, unsatisfactory business relationship with the | 5 | | agent due to or resulting in material loss to the third | 6 | | party, financial mismanagement by the agent, or litigation | 7 | | between the third party and the agent alleging substantial | 8 | | damages; or | 9 | | (14) the third party has reasonable cause to suspect | 10 | | the abuse, abandonment, neglect, or financial exploitation | 11 | | of the principal, if the principal is an eligible adult | 12 | | under the Adult Protective Services Act. | 13 | | (Source: P.A. 96-1195, eff. 7-1-11; 97-1150, eff. 1-25-13.)". |
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