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| Public Act 100-0952 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Power of Attorney Act is amended by | ||||
changing Section 2-7 as follows:
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(755 ILCS 45/2-7) (from Ch. 110 1/2, par. 802-7)
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Sec. 2-7. Duty - standard of care - record-keeping - | ||||
exoneration. | ||||
(a) The agent shall be under
no duty to exercise the powers | ||||
granted by the agency or to assume control
of or responsibility | ||||
for any of the principal's property, care or affairs,
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regardless of the principal's physical or mental condition. | ||||
Whenever a
power is exercised, the agent shall act in good | ||||
faith for the benefit of
the principal using due care, | ||||
competence, and diligence in accordance with the terms of the | ||||
agency and shall be
liable for negligent exercise. An agent who | ||||
acts with due care for the
benefit of the principal shall not | ||||
be liable or limited merely because the
agent also benefits | ||||
from the act, has individual or conflicting interests
in | ||||
relation to the property, care or affairs of the principal or | ||||
acts in a
different manner with respect to the agency and the | ||||
agent's individual
interests.
The agent shall not be
affected | ||||
by any amendment or termination
of the agency until the agent | ||||
has actual knowledge thereof. The agent
shall not be liable for | ||
any loss due to error of judgment nor for the act
or default of | ||
any other person.
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(b) An agent that has accepted appointment must act in | ||
accordance with the principal's expectations to the extent | ||
actually known to the agent and otherwise in the principal's | ||
best interests. | ||
(c) An agent shall keep a record of all receipts, | ||
disbursements, and significant actions taken under the | ||
authority of the agency and shall provide a copy of this record | ||
when requested to do so by: | ||
(1) the principal, a guardian, another fiduciary | ||
acting on behalf of the principal, and, after the death of | ||
the principal, the personal representative or successors | ||
in interest of the principal's estate; | ||
(2) a representative of a provider agency, as defined | ||
in Section 2 of the Adult Protective Services Act, acting | ||
in the course of an assessment of a complaint of elder | ||
abuse or neglect under that Act; | ||
(3) a representative of the Office of the State Long | ||
Term Care Ombudsman, acting in the course of an | ||
investigation of a complaint of financial exploitation of a | ||
nursing home resident under Section 4.04 of the Illinois | ||
Act on the Aging; | ||
(4) a representative of the Office of Inspector General | ||
for the Department of Human Services, acting in the course | ||
of an assessment of a complaint of financial exploitation | ||
of an adult with disabilities pursuant to Section 35 of the | ||
Abuse of Adults with Disabilities Intervention Act; | ||
(5) a court under Section 2-10 of this Act; or | ||
(6) a representative of the Office of State Guardian or | ||
public guardian for the county in which the principal | ||
resides acting in the course of investigating whether to | ||
file a petition for guardianship of the principal under | ||
Section 11a-4 or 11a-8 of the Probate Act of 1975. | ||
(d) If the agent fails to provide his or her record of all | ||
receipts, disbursements, and significant actions within 21 | ||
days after a request under subsection (c), the adult abuse | ||
provider agency, the State Guardian, the public guardian, or a | ||
representative of the Office of the State Long Term Care | ||
Ombudsman may petition the court for an order requiring the | ||
agent to produce his or her record of receipts, disbursements, | ||
and significant actions. If the court finds that the agent's | ||
failure to provide his or her record in a timely manner to the | ||
adult abuse provider agency, the State Guardian, the public | ||
guardian, or a representative of the Office of the State Long | ||
Term Care Ombudsman was without good cause, the court may | ||
assess reasonable costs and attorney's fees against the agent, | ||
and order such other relief as is appropriate. | ||
(e) An agent is not required to disclose receipts, | ||
disbursements, or other significant actions conducted on | ||
behalf of the principal except as otherwise provided in the | ||
power of attorney or as required under subsection (c). | ||
(f) An agent that violates this Act is liable to the | ||
principal or the principal's successors in interest for the | ||
amount required (i) to restore the value of the principal's | ||
property to what it would have been had the violation not | ||
occurred, and (ii) to reimburse the principal or the | ||
principal's successors in interest for the attorney's fees and | ||
costs paid on the agent's behalf. This subsection does not | ||
limit any other applicable legal or equitable remedies. | ||
(Source: P.A. 98-49, eff. 7-1-13; 98-562, eff. 8-27-13; 98-756, | ||
eff. 7-16-14.)
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