SILVERSTEIN. (LANG) 755 ILCS 45/2-7.5 new 755 ILCS 45/3-3 from Ch. 110 1/2, par. 803-3 Amends the Illinois Power of Attorney Act. Adds a new Section which defines "incapacitated principal" and requires that an agent provide a record of all receipts, disbursements, and significant actions taken under authority of the agency to certain State officials and to other persons according to a prioritized list. Revises the statutory short form power of attorney for property to require an additional witness. Effective immediately. SENATE AMENDMENT NO. 1 Deletes a provision that requires an agent to provide a record of receipts, disbursements, and significant actions taken to certain requesters according to a prioritized list, and deletes related pro- visions. Adds a statement to the short form power of attorney that explains when the requirement of an additional witness applies. SENATE AMENDMENT NO. 2. Changes one of the criteria for determining whether a principal is considered incapacitated, as an alternative to that principal's being under a legal disability under the Probate Act of 1975, by requiring that the principal lack decision making capacity (instead of requiring that the principal be unable to give prompt and intelligent consideration to financial affairs). Provides a cause of action for an agent who is required to provide records of receipts, disbursements, and significant actions taken under the authority of an agency and the disclosure produces no evidence of wrongdoing. Requires the agent to name as defendant the person who reported a suspicion of wrongdoing to an agency designated to receive such reports or the agency itself. Entitles the agent to reasonable attorney fees and costs as determined by the circuit court in its discretion. HOUSE AMENDMENT NO. 1. Deletes a provision that permits an agent to bring a civil action to recover costs incurred if a disclosure of records is required and no evidence of wrongdoing is discovered. FISCAL NOTE, H-AM 1 (Department on Aging) The Department would not incur any additional costs for this legislation. FISCAL NOTE (Office of the Attorney General) Other than the burden of representing the agency as to alle- gations of wrongfully requesting certain records from an agent of a disabled person, there is no burden on the A.G.'s Office. 00-01-27 S FIRST READING 00-01-27 S REFERRED TO SENATE RULES COMMITTEE RULES 00-02-02 S ASSIGNED TO COMMITTEE JUDICIARY 00-02-09 S POSTPONED 00-02-16 S HELD IN COMMITTEE 00-02-17 S AMENDMENT NO. 01-JUDICIARY S 00-02-17 S ADOPTED 00-02-17 S DO PASS AS AMENDED 011-000-000 SJUD 00-02-17 S PLACED ON CALENDAR ORDER OF 2ND READING 00-02-22 00-02-23 S FILED WITH SECRETARY 00-02-23 S AMENDMENT NO. 02-SILVERSTEIN 00-02-23 S AMENDMENT REFERRED TO SRUL 00-02-23 S AMENDMENT NO. 02-SILVERSTEIN 00-02-23 S RULES REFERS TO SJUD 00-02-24 S AMENDMENT NO. 02-SILVERSTEIN 00-02-24 S BE ADOPTED SJUD/011-000-000 00-02-24 S SECOND READING 00-02-24 S AMENDMENT NO. 02-SILVERSTEIN 00-02-24 S ADOPTED 00-02-24 S PLACED ON CALENDAR ORDER OF 3RD READING 00-02-25 00-02-25 S THIRD READING - PASSED 058-000-000 00-02-25 H ARRIVE IN HOUSE 00-02-25 H HOUSE SPONSOR LANG 00-02-25 H FIRST READING 00-02-25 H REFERRED TO HOUSE RULES COMMITTEE RULES 00-03-02 H ASSIGNED TO COMMITTEE JUD-CIVIL LAW 00-03-08 H AMENDMENT NO. 01-JUD-CIVIL LAW H 00-03-08 H ADOPTED 00-03-08 H DO PASS AMENDED/SHORT DEBATE 011-000-000 HJUA 00-03-08 H PLACED CALENDAR 2ND READING-SHORT DEBATE 00-03-22 H SECOND READING-SHORT DEBATE 00-03-22 H PLCD CAL ORDER 3RD READING-SHORT DEBATE 00-03-23 H THIRD READING/SHORT DEBATE/PASSED 115-000-000 00-03-24 S SECRETARYS DESK - CONCURRENCE 01 00-03-24 S FILED WITH SECRETARY 00-03-24 S MOTION TO CONCUR - HOUSE AMENDMENT NO 01/SILVERSTEIN 00-03-24 S MOTION REFERRED TO SRUL 00-04-04 S FISCAL NOTE FILED AS AMENDED HA 01 00-04-10 S MOTION TO CONCUR - HOUSE AMENDMENT NO 01/SILVERSTEIN 00-04-10 S RULES REFERS TO SJUD 00-04-11 S MOTION TO CONCUR - HOUSE AMENDMENT NO 01/SILVERSTEIN 00-04-11 S BE APPROVED FOR CONSIDERATION SJUD/009-000-000 00-04-11 S FISCAL NOTE FILED 00-04-12 S MOTION TO CONCUR - HOUSE AMENDMENT NO 01/SILVERSTEIN 00-04-12 S SEN CONCURS IN HSE AMENDMENTS (NO.) 01/059-000-000 00-04-12 S PASSED BOTH HOUSES 00-05-11 S SENT TO THE GOVERNOR 00-06-09 S GOVERNOR APPROVED 00-06-09 S EFFECTIVE DATE 00-06-09 00-06-09 S PUBLIC ACT.............................. 91-0790 END OF INQUIRY Full Text Bill Summary