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90_HB1564eng
755 ILCS 45/2-8 from Ch. 110 1/2, par. 802-8
Amends the Durable Powers of Attorney Article of the
Illinois Power of Attorney Act by changing language (i)
protecting a person who acts in reliance upon an agency (the
written power of attorney dealing with property or personal
or health care) in dealings with an agent and (ii) requiring
a person to act upon the directions contained in an agency.
Provides that those protections and requirements apply to a
person who acts in reliance upon "a copy of a document
purporting to establish an agency" (rather than "an agency")
and to dealings with a "named agent" (rather than an "agent")
and a "named principal" (rather than a "principal").
Effective immediately.
LRB9002325YYmgA
HB1564 Engrossed LRB9002325YYmgA
1 AN ACT to amend the Illinois Power of Attorney Act by
2 changing Section 2-8.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Power of Attorney Act is amended
6 by changing Section 2-8 as follows:
7 (755 ILCS 45/2-8) (from Ch. 110 1/2, par. 802-8)
8 Sec. 2-8. Reliance on document purporting to establish
9 an agency. Any person who acts in good faith reliance on a
10 copy of a document purporting to establish an the agency will
11 be fully protected and released to the same extent as though
12 the reliant had dealt directly with the named principal as a
13 fully-competent person. The named agent shall furnish an
14 affidavit to the reliant on demand stating that the
15 instrument relied on is a true copy of the agency and that,
16 to the best of the named agent's knowledge, the named
17 principal is alive and the relevant powers of the named agent
18 have not been altered or terminated; but good faith reliance
19 on a document purporting to establish an the agency will
20 protect the reliant without the affidavit. Any person
21 dealing with an the agent named in a copy of a document
22 purporting to establish an agency may presume, in the absence
23 of actual knowledge to the contrary, that the document
24 purporting to establish the agency was validly executed, that
25 the agency was validly established, that the named principal
26 was competent at the time of execution, and that, at the time
27 of reliance, the named principal is alive, the agency was
28 validly established and has not terminated or been amended,
29 the relevant powers of the named agent were properly and
30 validly granted and have not terminated or been amended, and
31 the acts of the named agent conform to the standards of this
HB1564 Engrossed -2- LRB9002325YYmgA
1 Act. No person relying on a copy of a document purporting to
2 establish an the agency shall be required to see to the
3 application of any property delivered to or controlled by the
4 named agent or to question the authority of the named agent.
5 Each person to whom a direction by the named agent in
6 accordance with the terms of the copy of the document
7 purporting to establish an agency is communicated shall
8 comply with that direction, and any person who fails to
9 comply arbitrarily or without reasonable cause shall be
10 subject to civil liability for any damages resulting from
11 noncompliance. A health care provider who complies with
12 Section 4-7 shall not be deemed to have acted arbitrarily or
13 without reasonable cause.
14 (Source: P.A. 86-736.)
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.