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(755 ILCS 45/2-8) (from Ch. 110 1/2, par. 802-8)
Sec. 2-8. Reliance on
document purporting to establish an
agency. (a) Any person who acts in good faith
reliance on a copy of
a document purporting to establish an agency will be fully protected and
released to
the same extent as though the reliant had dealt directly with the
named
principal
as a fully-competent person. The
named
agent shall furnish an affidavit or Agent's Certification and Acceptance of Authority to the
reliant on demand stating that the instrument relied on is a true copy of
the agency and that, to the best of the
named
agent's knowledge, the named principal is
alive and the relevant powers of the
named
agent have not been altered or
terminated; but good faith reliance on
a document purporting to establish an agency will protect the reliant
without the affidavit or Agent's Certification and Acceptance of Authority. (b) Upon request, the named agent in a power of attorney shall furnish an Agent's Certification and Acceptance of Authority to the reliant in substantially the following form: AGENT'S CERTIFICATION AND ACCEPTANCE OF AUTHORITY I, .......... (insert name of agent), certify that the attached is a true copy of a power of attorney naming the undersigned as agent or successor agent for ............. (insert name of principal). I certify that to the best of my knowledge the principal had the capacity to execute the power of attorney, is alive, and has not revoked the power of attorney; that my powers as agent have not been altered or terminated; and that the power of attorney remains in full force and effect. I accept appointment as agent under this power of attorney. This certification and acceptance is made under penalty of perjury.* Dated: ...................................
(Agent's Signature)
.......................
(Print Agent's Name)
.......................
(Agent's Address)
*(NOTE: Perjury is defined in Section 32-2 of the Criminal Code of 2012, and is a Class 3 felony.) (c) Any person dealing with an agent
named in a copy of a document purporting to establish an agency
may presume, in
the absence of actual knowledge to the contrary, that the
document purporting to establish the
agency was
validly executed,
that the agency was validly established,
that the named principal was competent at the time
of execution, and that, at the time of reliance, the
named
principal is alive,
the agency
was validly established
and has not terminated or been amended, the relevant powers of the
named
agent were properly and validly granted and have not terminated or
been amended, and the acts of the
named
agent conform to the standards of this Act.
No person relying on
a copy of a document purporting to establish an agency shall be required to see to the application
of any property delivered to or controlled by the
named
agent or to question the
authority of the
named
agent. (d) Each person to whom a direction by the named agent in
accordance with the terms of the
copy of the document purporting to establish an
agency is communicated shall comply with
that direction, and any person who fails to comply arbitrarily or without
reasonable cause shall be subject to civil liability for any damages
resulting from noncompliance.
A health care provider who complies with Section 4-7 shall not be
deemed to have acted arbitrarily or without reasonable cause.
(Source: P.A. 96-1195, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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