Illinois General Assembly - Full Text of Public Act 094-0500
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Public Act 094-0500




Public Act 094-0500
HB2341 Enrolled LRB094 03886 RXD 33897 b

    AN ACT concerning civil law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Power of Attorney Act is amended by
changing Section 2-7.5 as follows:
    (755 ILCS 45/2-7.5)
    Sec. 2-7.5. Incapacitated principal.
    (a) This Section shall apply only to an agent acting for a
principal who is incapacitated. A principal shall be considered
incapacitated if that individual is under a legal disability as
defined in Section 11a-2 of the Probate Act of 1975. A
principal shall also be considered incapacitated if: (i) a
physician licensed to practice medicine in all its branches has
examined the principal and has determined that the principal
lacks decision making capacity; and (ii) that physician has
made a written record of this determination and has signed the
written record within 90 days after the examination; and (iii)
the written record has been delivered to the agent. The agent
may rely conclusively on that written record.
    (b) An agent shall provide a record of all receipts,
disbursements, and significant actions taken under the
authority of the agency when requested to do so: (i) by a
representative of a provider agency, as defined in Section 2 of
the Elder Abuse and Neglect Act, acting in the course of an
assessment of a complaint of elder abuse or neglect under that
Act; or (ii) by 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; or (iii) by 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.
(Source: P.A. 91-790, eff. 6-9-00.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/8/2005