Public Act 103-0055
 
SB0055 EnrolledLRB103 04523 LNS 49529 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 2-10 as follows:
 


    (755 ILCS 45/2-10)  (from Ch. 110 1/2, par. 802-10)



    Sec. 2-10. Agency-court relationship. 
    (a) Upon petition by any interested
person, notice to the 
agent, principal, and (including the agent), with such notice 
to interested persons as the
court directs and a finding by the 
court that the principal
lacks either the capacity to control 
or the capacity to revoke the agency, the court may construe a 
power of attorney, review the agent's conduct, and grant 
appropriate relief including compensatory damages.
    (b) If the court finds
that the agent is not acting for the 
benefit of the principal in accordance
with the terms of the 
agency or that the agent's action or inaction, including 
restricting or not allowing an interested person to have 
reasonable visitation with the principal, has
caused or 
threatens substantial harm to the principal's person or 
property
in a manner not authorized or intended by the 
principal, the court may
order a guardian of the principal's 
person or estate to exercise any powers
of the principal under 
the agency, including the power to revoke the
agency, or may 
enter such other orders without appointment of a guardian as

the court deems necessary to provide for the best interests of 
the
principal. 
    (c) If the court finds that the agency requires

interpretation, the court may construe the agency and instruct 
the agent,
but the court may not amend the agency.
    (d) If the court finds that the agent has not acted for the 
benefit of the principal in accordance with the terms of the 
agency and the Illinois Power of Attorney Act, or that the 
agent's action caused or threatened substantial harm to the 
principal's person or property in a manner not authorized or 
intended by the principal, then the agent shall not be 
authorized to pay or be reimbursed from the estate of the 
principal the attorneys' fees and costs of the agent in 
defending a proceeding brought pursuant to this Section.
    (e) Upon a finding that the agent's action has caused 
substantial harm to the principal's person or property, the 
court may assess against the agent reasonable costs and 
attorney's fees to a prevailing party who is a provider agency 
as defined in Section 2 of the Adult Protective Services Act, a 
representative of the Office of the State Long Term Care 
Ombudsman, the State Guardian, a public guardian, or a 
governmental agency having regulatory authority to protect the 
welfare of the principal.
    (f) As used in this Section, the term "interested person" 
includes (1) the principal or the agent; (2) a guardian of the 
person, guardian of the estate, or other fiduciary charged 
with management of the principal's property; (3) the 
principal's spouse, parent, or descendant; (4) a person who 
would be a presumptive heir-at-law of the principal; (5) a 
person named as a beneficiary to receive any property, 
benefit, or contractual right upon the principal's death, or 
as a beneficiary of a trust created by or for the principal; 
(6) a provider agency as defined in Section 2 of the Adult 
Protective Services Act, a representative  of the Office of the 
State Long Term Care Ombudsman, the State Guardian, a public 
guardian, or a governmental agency having regulatory authority 
to protect the welfare of the principal; and (7) the 
principal's caregiver or another person who demonstrates 
sufficient interest in the principal's welfare. 
    (g) Absent court order directing a
guardian to exercise 
powers of the principal under the agency, a guardian
will have 
no power, duty or liability with respect to any property 
subject
to the agency or any personal or health care matters 
covered by the agency. If an agent seeks guardianship of the 
principal pursuant to the Probate Act of 1975, the petition 
for guardianship must delineate the specific powers to be 
granted to the guardian that are not already included in the 
power of attorney.  The petition for temporary, limited, or 
plenary guardianship of the principal under the Probate Act of 
1975 may include a prayer for relief to suspend a power of 
attorney or to revoke a power of attorney in accordance with 
subsection (b). 
    (h)
 Proceedings under this Section shall be commenced in 
the county where the
guardian was appointed or, if no Illinois 
guardian is acting, then in the
county where the agent or 
principal resides or where the principal owns real property.

    (i) This Section shall not be construed to limit any other 
remedies available. 
(Source: P.A. 102-72, eff. 1-1-22.)



Effective Date:  1/1/2024